Her Legal Rights
- How to File an FIR?
- How to Report Domestic Violence?
- How to Report Workplace Harassment?
- How to Acquire Inheritance Property?
- How to Get Haq Mehr?
- How to Gain Custody of Children After Divorce?
- How to Get Khula?
How to File an FIR?
A First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of an offence. It is a report of the information that reaches the police first in point of time by the complainant, and that is why it is called an FIR. There are two categories of offences for which an FIR can be registered:
Cognizable and Non-cognizable Offences.
Cognizable and Non-cognizable Offences are classifications used in Pakistani law to determine the powers of the police regarding the arrest and investigation of crimes:
Cognizable Offences
- These are serious offences where the police have the authority to make an arrest without a warrant and initiate an investigation without requiring permission from the court.
- Under Section 154 of the Code of Criminal Procedure, 1898 (CrPC), the police have to promptly register an FIR when informed about a cognizable offence.
- Examples of cognizable offences include murder, rape, robbery, kidnapping, and other serious crimes where there is a significant threat to public safety or order.
Cognizable Offences
- These are serious offences where the police have the authority to make an arrest without a warrant and initiate an investigation without requiring permission from the court.
- Under Section 154 of the Code of Criminal Procedure, 1898 (CrPC), the police have to promptly register an FIR when informed about a cognizable offence.
- Examples of cognizable offences include murder, rape, robbery, kidnapping, and other serious crimes where there is a significant threat to public safety or order.
Non-Cognizable Offences
- Non-cognizable offences are less serious in nature, and the police cannot make an arrest without a warrant or conduct an investigation without the court’s permission.
- Section 155 of the CrPC governs the commencement of an investigation in non-cognizable offences.
- Informants must provide details to the police, leading to the entry in the Police Station Daily Diary (Roznamcha) and referral to the Magistrate.
- Examples of non-cognizable offences include simple assault, defamation, cheating, and other minor crimes where there is no immediate threat to public safety or order.
Why is an FIR important?
An FIR is a very important document as it sets the process of criminal justice in motion. It is only after the FIR is registered in the police station that the police start investigation of the case as contemplated under Section 156 of the CrPC. According to Articles 21, 22, 23, 25, 49, 50 of Qanoon-e-Shahadat Order 1984, FIR is a relevant fact.
Who can lodge an FIR?
Anyone who knows about the commission of a cognizable offence can file an FIR. Section 154 of the CrPC, talks about the information that an informant holds relating to the commission of a cognizable offence and it is not necessary that only the victim of the crime should file an FIR.
What is the procedure of filling an FIR?
The procedure of filing an FIR is prescribed in Section 154 CrPC. It is as follows:
What is the procedure of filling an FIR?
The procedure of filing an FIR is prescribed in Section 154 CrPC. It is as follows:
- When information about the commission of a cognizable offence is given orally, the police must write it down.
- It is your right as a person giving information or making a complaint to demand that the information recorded by the police is read over to you.
- Once the police have recorded the information in the FIR Register, the person giving the information must sign it.
- You should sign the report only after verifying that the information recorded by the police is as per the details given by you.
- People who cannot read or write must put their left thumb impression on the document after being satisfied that it is a correct record.
- Always ask for a copy of the FIR, if the police do not give it to you.
- It is your legal right to get a copy of FIR free of cost.
Special Procedure in cases of Violence against Women
In cases where the police are given information by a woman against whom any of the following offences have been perpetrated:
- Acid Attacks (Sec. 336B PPC – Hurt caused by corrosive substance)
- Sexual Assault (Sec. 354 PPC – Assault or criminal force to woman with intent to outrage her modesty)
- Stripping a Woman of her Clothes (Sec. 354-A PPC – Assault or use of criminal force to woman and stripping her of her clothes)
- Rape (Sec. 376 PPC)
- Sexual Harassment (Sec. 509 PPC – Insulting modesty or causing Sexual Harassment)
The concerned officer recording the statement must do so in the presence of a female police officer, female family member, or any other person with the consent of the complainant. Furthermore, if the woman giving such information is distressed for any reason the concerned officer recording the information shall do so at her residence or at a convenient place of the complainant’s choice in presence of a female police officer or family member or any other person with consent of the complainant.
When the Police do not Register the FIR
Provided an FIR is not registered by the Police, the aggrieved person(s) can seek recourse through the following:
- An application’s to the Session’s Judge under Section 22-A (6) of the CrPC. Under this provision the Session’s Judge, if he is of the opinion that a cognizable offence took place, can compel the SHO to file an FIR. That being said, the Justice of the Peace does not have the power to direct the Police in respect to the nature of offence, addition or deletion of legal provisions or to make any observations that have a bearing on the investigation.
- By filing a private complaint under Section 190(a) read with Section 200 CrPC before the competent Magistrate. When such a complaint is filed, the Magistrate shall examine the complainant upon oath, and the substance of the examination shall be recorded to writing and shall be signed by the complainant and the Magistrate. However, it must be noted that the Magistrates ought to not accept such complaints when no prima facie offence is being made out on the facts presented by the private complainant. Provided that an offence is being made out, Section 202(1) of the CrPC. empowers the Magistrate to direct the police to investigate, subsequent to which, he would be empowered to utilize all the powers under the CrPC in respect to investigating cognizable offences. However, it must be noted that this mechanism is a mere preliminary inquiry and does not entail the determination of guilt. Rather, the accused has no right to participate in such proceedings except when summoned by the Magistrate.
- In cases of an urgent nature, the aggrieved person can institute a writ petition under Article 199 of the Constitution of Pakistan before the High Courts for the registration of an FIR. However, the approach adopted by the High Courts to such writs has normally been quite rigid whereby if alternate remedies are available, no directions would be made by the High Court to register the FIR.
How to Report Domestic Violence
The Balochistan Domestic Violence (Prevention and Protection) Act 2014, provides various forms of relief to victims of domestic violence in Balochistan. Section 5 of the Balochistan Domestic Violence (Prevention and Protection) Act 2014, makes it clear that domestic violence is no longer considered a private family matter. The aggrieved person, or any person authorized by the aggrieved person, can make an application in writing to the court where the offence is committed in order to obtain relief. Section 5(4) of the Balochistan Domestic Violence (Prevention and Protection) Act 2014, further prescribes that applications must be disposed of within 30 days, as a longer time period can be used to put pressure on the victim to withdraw their complaint. This is particularly important given that women who experience domestic violence are often dependent on male members of the household and may be in close proximity to the accused.
Who can report domestic violence?
According to Section 2(a) of the Balochistan Domestic Violence (Prevention and Protection) Act 2014, an “aggrieved person” can be a woman, child, man, or any vulnerable individual who is in a domestic relationship with the accused. This means that any person who has been subjected to domestic violence has the right to seek help and protection.
What type of relief can be availed under Balochistan act?
The following reliefs can be granted by the court to the victim of domestic violence under the Balochistan Domestic Violence (Prevention and Protection) Act 2014:
- If court is satisfied that domestic violence has occurred, it can issue a Protection Order under Section 8 the Balochistan Domestic Violence (Prevention and Protection) Act 2014, prohibiting the accused to commit any acts of Domestic Violence, communicating with the victim, causing violence to the victim’s dependents or helpers or committing any other acts specified in the order.
- Under Section 9 of the Balochistan Domestic Violence (Prevention and Protection) Act 2014, the court may at any stage of trial, direct the accused to bear the financial costs incurred by the victim, including medical expenses, lost income and maintenance for the aggrieved person and her children. Additionally, the court can instruct the employer or debtor of the accused to pay these expenses directly to the victim or deposit them with the court in the event that the accused fails to do so. This serves as a means of compensating the victim for their losses and helping to secure their financial stability.
- As per Section 10 of the Balochistan Domestic Violence (Prevention and Protection) Act 2014, the court can also pass an order of temporary custody in favour of any child who is a victim of domestic violence or in favour of an adult person with his will to a service provider. In case of sexual abuse of a child, custody is granted to the aggrieved person or the person who files the application in court and visitation is refused to the accused person.
How to seek help from the Protection committee?
Under Section 15 of the Balochistan Domestic Violence (Prevention and Protection) Act 2014, the Protection Committee provides critical assistance to individuals facing domestic violence. It is primarily responsible for the following:
- Offering shelter, legal aid, and medical assistance to the victims.
- Working with organizations like the Family Conciliatory Committee.
- Maintaining official records of reported cases.
- Helping victims prepare and file applications or reports.
- Filing applications for a protection order on behalf of the aggrieved person.
How to Report Workplace Harassment?
If you are a victim of harassment at workplace, you can lodge a complaint under the Balochistan Protection Against Harassment of Women at Workplace Act 2016 (Act of 2016). As per the Act of 2016, any person who is a victim of harassment is provided with two forums to get his complaint entertained.
- Inquiry Committee
- Ombudsperson
Procedure before the Inquiry Committee
Section 3(2) of Act of 2016, requires every organization to establish a three-person Inquiry Committee and a Competent Authority. When a complaint is made by an employee, the Inquiry Committee must conduct an investigation and provide its results and recommendations to the Competent Authority within thirty days. The Competent Authority, authorised by the management, must finalize and communicate the liability and the penalty. Section 8(1) of the Act of 2016, also provides an alternative avenue to the employee. If the employee is not comfortable with taking up the matter with the Inquiry Committee, then he may approach the Ombudsperson to lodge a complaint directly.
The following step by step procedure is to be followed before the Inquiry Committee:
- Approach the Inquiry Committee at your place of work;
- Submit a complaint in writing to the Inquiry Committee in your office/organization;
- The Inquiry Committee will inform the accused person that he has been accused of harassment within 3 days of receiving a complaint. If the accused fails to respond within 7 days, the Committee will decide the matter without the accused person.
Procedure before Ombudsperson
Under Section 6 of the Act of 2016, if a person is not satisfied with the decision of the Competent Authority, he/she can appeal to the Ombudsperson.
The Ombudsperson has the same powers given to a Civil Court under the Code of Civil Procedure, 1908 (CPC) including summoning and compelling attendance of any person, requiring evidence to be produced, receiving evidence on affidavits, examining witnesses and entering any premises for the purpose of making any inspection or investigation. Moreover, the Ombudsperson has the powers of a High Court in matters related to contempt. If a person is not satisfied with the Ombudsperson’s decision, they can challenge it to the Governor of the province, within 30 days, whose decision will be final.
How to Acquire Inheritance Property?
Women’s property rights in Pakistan are regulated by both statutory and non-statutory sources. They are based at the intersection of Islamic law and domestic law of Pakistan. The Constitution contains a number of provisions regarding the protection of property rights of all citizens of Pakistan, irrespective of their gender. Article 23 is one such article that states that “Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject to the constitution and any reasonable restrictions imposed by law”.
Moreover, Article 24 of the Constitution goes on to state that no person shall be deprived of their property save in accordance with the law. The Constitution also sets out the goals which the people of Pakistan have set out for themselves in ‘Principles of Policy’ which include the protection of mother and the child under Article 35 and require the promotion of social justice and eradication of social evils under Article 37.
The Muslim Family Law Ordinance (MFLO) introduced in 1961, entitles Muslim women to inherit all kinds of property according to their prescribed shares under Sharia law, depending on their relationship with the deceased.
What are the types of property for inheritance purposes?
The procedure of property distribution in Pakistan commences with two types of properties:
- Movable Assets
The assets that include cash, gold, vehicles, and stock are the type of property considered to be movable assets.
- Immovable Assets
Real estate, land, buildings, or property types that are not private or easy to transfer are immovable assets.
What is the procedure of obtaining inheritance in Pakistan?
The legal heirs of deceased are required under the law to file an Administrative Suit in the court and get themselves declared as lawful successors of the deceased. During the trial proceedings, the court will take into consideration the evidence provided by the legal heirs including property details, death certificate, family registration certificate and the evidence of legal heirs. Once the court makes a declaration in favour of legal heirs, their names can be incorporated as owners in the record of relevant authorities. In Balochistan, the process has been simplified with the promulgation of the Balochistan Letters of Administration and Succession Certificate Act 2022. Under this Act, legal heirs can directly obtain the necessary certificates from NADRA without going to the Civil Court. Once the certificates have been obtained, the legal heirs along with the death certificate of the deceased, a copy of the land ownership record from the Patwari and an affidavit can submit an application to the concerned revenue officer, requesting that the inheritance mutation be passed in favor of the legal heirs.
How to get Haq Mehr?
There exist two categories of Haq Mehr within the Nikahnama:
- Mu’ajjal (Immediate): This involves an amount that is given to the bride at the moment the Nikah Nama is signed, ensuring that she has immediate access to this gift.
- Ghair Mu’wajjal (Deferred): This refers to an amount that is committed to be paid at a later chosen date or whenever the wife requests it. It’s important to note that both Mu’ajjal and Ghair Mu’wajjal can coexist within the Nikah Nama. For instance, a monetary gift may be presented during the wedding ceremony, while a year later, the husband and wife may agree to exchange property, jewellery, or other valuable assets. This type is also known as and Mu’akhar (deferred) Mehr.
Procedure to Obtain Haq Mehr in Pakistan
To initiate the process of obtaining Haq Mehr in Pakistan, women can follow the steps outlined below:
Filing a Suit for Recovery of Dower under the West Pakistan Family Courts Act 1964:
- A suit must be filed against the husband in a family court under of the West Pakistan Family Courts Act 1964 for the recovery of Haq Mehr.
- This legal action enables individuals to pursue the rightful claim for the payment of the agreed-upon Haq Mehr amount.
Necessary Documents to attach with the Suit:
- Nikahnama: The marriage contract serves as crucial evidence and should be provided to the court.
- Special Contracts Annexed with Nikahnama: If any special contracts pertaining to Haq Mehr are annexed with the Nikahnama, they should be included.
- Evidence of Haq Mehr in the Form of Land Ownership: If Haq Mehr is provided in the form of land, relevant evidence such as property documents should be furnished to support the claim.
How to Gain Custody of Children after Divorce?
The Guardian and Wards Act 1890 (Act of 1890) governs disputes relating to child custody and guardianship in Pakistan. Custody and guardianship can be distinguished as following:
- Custody is the bringing up, nursing or fostering of the child and taking care of the child’s emotional and personal affairs on a day-to-day basis.
- Guardianship means the power to effect legal transactions and contracts with responsibility for the legal consequences. Unlike guardianship, in custody, the child must live with the custodian. In cases regarding custody, the best interests of the minor are given primary consideration.
In accordance with Islamic Law, the custody of a minor is initially granted to the mother, known as the right of ‘Hizanat’. The mother’s custody right over sons ends at the age of seven, while daughters remain with their mothers until they reach puberty. It is considered in the welfare of the child that the child should be with the mother in his/her tender years so the mother will get preference over other relatives including the father.
Relevant law and procedure
- Child custody in Pakistan is governed by the Family Laws Ordinance, 1961, and the Guardian and Wards Act, 1890.
- Obtaining child custody in Pakistan involves filing a petition under the Guardian and Wards Act, 1890 before a family court and demonstrating the child’s best interests.
- Mediation is commonly used to reach custody agreements, which are presented to the court for approval.
- International law considerations apply in cases involving foreign nationals or dual nationality, with Pakistani courts considering relevant conventions and treaties.
Does the court exclusively focus on the ‘welfare of the minor’ as the primary factor when deciding custody cases?
In every matter related to a minor, the court will give preference to a child’s welfare and interest over that of parents’ rights. Section 17 of the Act of 1890, declares the ‘welfare of a minor’ a paramount consideration. The approach of the Pakistani courts is that the welfare is not proved by presumption but by evidence since it is a question of fact. According to the courts the welfare of a child means a child’s health, education, physical, mental, and psychological development. Considerable attention is given to the minor’s happiness and emotional attachment with a custodian. It is considered in the interest of the child to live with his/her siblings.
Factors Considered by Pakistani Courts
Pakistani courts consider several factors in child custody cases, including:
- Age and gender of the child.
- Child’s preference (if applicable).
- Financial and emotional stability of each parent.
- Ability to provide for the child’s basic needs.
- Parents’ mental and physical health.
- Child’s relationship with each parent and any siblings.
Visitation Plan for Minors
Courts establish a visitation plan for non-custodial parents to ensure regular contact with their children.
How to get Khula?
There could be several reasons on the basis of which a wife can seek a decree of dissolution of marriage under the name of Khula e.g., hatred between spouses, mismatch, home abuse or torture by husband, the husband has gone missing, lost his sanity, or is impotent, etc.
How to initiate khula petition?
- Filing the Petition: File a Khula petition in a Family Court with jurisdiction.
- Providing Grounds: Include grounds for Khula and relevant details in the petition.
- Service of Notice: The court issues a notice to the husband.
- Husband’s Response: The husband must file a written statement within 15 days of appearance.
- Hearing: The court conducts a hearing and records evidence.
- Judgment: After close of evidence of both sides, the Family Court attempts for reconciliation between the parties and in case of failure, proceeds to pronounce its judgment and pass a decree.
- Submit Application to the Union Council: Once the divorce decree is obtained, the next step is to submit an application to the union council where the marriage was registered.
- Verification of Documents:The union council will then verify the documents submitted by the parties. If the documents are found to be authentic, the union council will issue a divorce certificate.
- Collection of Divorce Certificate: The parties can collect the divorce certificate from the union council once it is issued. It is essential to note that the divorce certificate is only valid if it is signed and stamped by the union council.
Maintenance and Financial Considerations
The court may order the husband to pay maintenance to the wife until the expiry of the Iddat Period after dissolution of marriage.
Delegated Divorce or Talaq-e-Tafweez
According to Muslim law, the husband has the authority to divorce, but he can also grant this right to his wife. This is known as the Delegated divorce, or “Talaq-e-Tafweez”. This authority, called “Tafweez” is given to the wife by the husband, who can then file for divorce independently. This practice is regulated by Sections 7 and 8 of the Muslim Family Laws Ordinance, 1961.
Her Legal Rights
How to File an FIR?
A First Information Report (FIR) is a written document prepared by the police when they receive information about the commission of an offence. It is a report of the information that reaches the police first in point of time by the complainant, and that is why it is called an FIR. There are two categories of offences for which an FIR can be registered:
Cognizable and Non-cognizable Offences.
Cognizable and Non-cognizable Offences are classifications used in Pakistani law to determine the powers of the police regarding the arrest and investigation of crimes:
Cognizable Offences
- These are serious offences where the police have the authority to make an arrest without a warrant and initiate an investigation without requiring permission from the court.
- Under Section 154 of the Code of Criminal Procedure, 1898 (CrPC), the police have to promptly register an FIR when informed about a cognizable offence.
- Examples of cognizable offences include murder, rape, robbery, kidnapping, and other serious crimes where there is a significant threat to public safety or order.
Cognizable Offences
- These are serious offences where the police have the authority to make an arrest without a warrant and initiate an investigation without requiring permission from the court.
- Under Section 154 of the Code of Criminal Procedure, 1898 (CrPC), the police have to promptly register an FIR when informed about a cognizable offence.
- Examples of cognizable offences include murder, rape, robbery, kidnapping, and other serious crimes where there is a significant threat to public safety or order.
Non-Cognizable Offences
- Non-cognizable offences are less serious in nature, and the police cannot make an arrest without a warrant or conduct an investigation without the court’s permission.
- Section 155 of the CrPC governs the commencement of an investigation in non-cognizable offences.
- Informants must provide details to the police, leading to the entry in the Police Station Daily Diary (Roznamcha) and referral to the Magistrate.
- Examples of non-cognizable offences include simple assault, defamation, cheating, and other minor crimes where there is no immediate threat to public safety or order.
Why is an FIR important?
An FIR is a very important document as it sets the process of criminal justice in motion. It is only after the FIR is registered in the police station that the police start investigation of the case as contemplated under Section 156 of the CrPC. According to Articles 21, 22, 23, 25, 49, 50 of Qanoon-e-Shahadat Order 1984, FIR is a relevant fact.
Who can lodge an FIR?
Anyone who knows about the commission of a cognizable offence can file an FIR. Section 154 of the CrPC, talks about the information that an informant holds relating to the commission of a cognizable offence and it is not necessary that only the victim of the crime should file an FIR.
What is the procedure of filling an FIR?
The procedure of filing an FIR is prescribed in Section 154 CrPC. It is as follows:
What is the procedure of filling an FIR?
The procedure of filing an FIR is prescribed in Section 154 CrPC. It is as follows:
- When information about the commission of a cognizable offence is given orally, the police must write it down.
- It is your right as a person giving information or making a complaint to demand that the information recorded by the police is read over to you.
- Once the police have recorded the information in the FIR Register, the person giving the information must sign it.
- You should sign the report only after verifying that the information recorded by the police is as per the details given by you.
- People who cannot read or write must put their left thumb impression on the document after being satisfied that it is a correct record.
- Always ask for a copy of the FIR, if the police do not give it to you.
- It is your legal right to get a copy of FIR free of cost.
Special Procedure in cases of Violence against Women
In cases where the police are given information by a woman against whom any of the following offences have been perpetrated:
- Acid Attacks (Sec. 336B PPC – Hurt caused by corrosive substance)
- Sexual Assault (Sec. 354 PPC – Assault or criminal force to woman with intent to outrage her modesty)
- Stripping a Woman of her Clothes (Sec. 354-A PPC – Assault or use of criminal force to woman and stripping her of her clothes)
- Rape (Sec. 376 PPC)
- Sexual Harassment (Sec. 509 PPC – Insulting modesty or causing Sexual Harassment)
The concerned officer recording the statement must do so in the presence of a female police officer, female family member, or any other person with the consent of the complainant. Furthermore, if the woman giving such information is distressed for any reason the concerned officer recording the information shall do so at her residence or at a convenient place of the complainant’s choice in presence of a female police officer or family member or any other person with consent of the complainant.
When the Police do not Register the FIR
Provided an FIR is not registered by the Police, the aggrieved person(s) can seek recourse through the following:
- An application’s to the Session’s Judge under Section 22-A (6) of the CrPC. Under this provision the Session’s Judge, if he is of the opinion that a cognizable offence took place, can compel the SHO to file an FIR. That being said, the Justice of the Peace does not have the power to direct the Police in respect to the nature of offence, addition or deletion of legal provisions or to make any observations that have a bearing on the investigation.
- By filing a private complaint under Section 190(a) read with Section 200 CrPC before the competent Magistrate. When such a complaint is filed, the Magistrate shall examine the complainant upon oath, and the substance of the examination shall be recorded to writing and shall be signed by the complainant and the Magistrate. However, it must be noted that the Magistrates ought to not accept such complaints when no prima facie offence is being made out on the facts presented by the private complainant. Provided that an offence is being made out, Section 202(1) of the CrPC. empowers the Magistrate to direct the police to investigate, subsequent to which, he would be empowered to utilize all the powers under the CrPC in respect to investigating cognizable offences. However, it must be noted that this mechanism is a mere preliminary inquiry and does not entail the determination of guilt. Rather, the accused has no right to participate in such proceedings except when summoned by the Magistrate.
- In cases of an urgent nature, the aggrieved person can institute a writ petition under Article 199 of the Constitution of Pakistan before the High Courts for the registration of an FIR. However, the approach adopted by the High Courts to such writs has normally been quite rigid whereby if alternate remedies are available, no directions would be made by the High Court to register the FIR.
How to Report Domestic Violence
The Balochistan Domestic Violence (Prevention and Protection) Act 2014, provides various forms of relief to victims of domestic violence in Balochistan. Section 5 of the Balochistan Domestic Violence (Prevention and Protection) Act 2014, makes it clear that domestic violence is no longer considered a private family matter. The aggrieved person, or any person authorized by the aggrieved person, can make an application in writing to the court where the offence is committed in order to obtain relief. Section 5(4) of the Balochistan Domestic Violence (Prevention and Protection) Act 2014, further prescribes that applications must be disposed of within 30 days, as a longer time period can be used to put pressure on the victim to withdraw their complaint. This is particularly important given that women who experience domestic violence are often dependent on male members of the household and may be in close proximity to the accused.
Who can report domestic violence?
According to Section 2(a) of the Balochistan Domestic Violence (Prevention and Protection) Act 2014, an “aggrieved person” can be a woman, child, man, or any vulnerable individual who is in a domestic relationship with the accused. This means that any person who has been subjected to domestic violence has the right to seek help and protection.
What type of relief can be availed under Balochistan act?
The following reliefs can be granted by the court to the victim of domestic violence under the Balochistan Domestic Violence (Prevention and Protection) Act 2014:
- If court is satisfied that domestic violence has occurred, it can issue a Protection Order under Section 8 the Balochistan Domestic Violence (Prevention and Protection) Act 2014, prohibiting the accused to commit any acts of Domestic Violence, communicating with the victim, causing violence to the victim’s dependents or helpers or committing any other acts specified in the order.
- Under Section 9 of the Balochistan Domestic Violence (Prevention and Protection) Act 2014, the court may at any stage of trial, direct the accused to bear the financial costs incurred by the victim, including medical expenses, lost income and maintenance for the aggrieved person and her children. Additionally, the court can instruct the employer or debtor of the accused to pay these expenses directly to the victim or deposit them with the court in the event that the accused fails to do so. This serves as a means of compensating the victim for their losses and helping to secure their financial stability.
- As per Section 10 of the Balochistan Domestic Violence (Prevention and Protection) Act 2014, the court can also pass an order of temporary custody in favour of any child who is a victim of domestic violence or in favour of an adult person with his will to a service provider. In case of sexual abuse of a child, custody is granted to the aggrieved person or the person who files the application in court and visitation is refused to the accused person.
How to seek help from the Protection committee?
Under Section 15 of the Balochistan Domestic Violence (Prevention and Protection) Act 2014, the Protection Committee provides critical assistance to individuals facing domestic violence. It is primarily responsible for the following:
- Offering shelter, legal aid, and medical assistance to the victims.
- Working with organizations like the Family Conciliatory Committee.
- Maintaining official records of reported cases.
- Helping victims prepare and file applications or reports.
- Filing applications for a protection order on behalf of the aggrieved person.
How to Report Workplace Harassment?
If you are a victim of harassment at workplace, you can lodge a complaint under the Balochistan Protection Against Harassment of Women at Workplace Act 2016 (Act of 2016). As per the Act of 2016, any person who is a victim of harassment is provided with two forums to get his complaint entertained.
- Inquiry Committee
- Ombudsperson
Procedure before the Inquiry Committee
Section 3(2) of Act of 2016, requires every organization to establish a three-person Inquiry Committee and a Competent Authority. When a complaint is made by an employee, the Inquiry Committee must conduct an investigation and provide its results and recommendations to the Competent Authority within thirty days. The Competent Authority, authorised by the management, must finalize and communicate the liability and the penalty. Section 8(1) of the Act of 2016, also provides an alternative avenue to the employee. If the employee is not comfortable with taking up the matter with the Inquiry Committee, then he may approach the Ombudsperson to lodge a complaint directly.
The following step by step procedure is to be followed before the Inquiry Committee:
- Approach the Inquiry Committee at your place of work;
- Submit a complaint in writing to the Inquiry Committee in your office/organization;
- The Inquiry Committee will inform the accused person that he has been accused of harassment within 3 days of receiving a complaint. If the accused fails to respond within 7 days, the Committee will decide the matter without the accused person.
Procedure before Ombudsperson
Under Section 6 of the Act of 2016, if a person is not satisfied with the decision of the Competent Authority, he/she can appeal to the Ombudsperson.
The Ombudsperson has the same powers given to a Civil Court under the Code of Civil Procedure, 1908 (CPC) including summoning and compelling attendance of any person, requiring evidence to be produced, receiving evidence on affidavits, examining witnesses and entering any premises for the purpose of making any inspection or investigation. Moreover, the Ombudsperson has the powers of a High Court in matters related to contempt. If a person is not satisfied with the Ombudsperson’s decision, they can challenge it to the Governor of the province, within 30 days, whose decision will be final.
How to Acquire Inheritance Property?
Women’s property rights in Pakistan are regulated by both statutory and non-statutory sources. They are based at the intersection of Islamic law and domestic law of Pakistan. The Constitution contains a number of provisions regarding the protection of property rights of all citizens of Pakistan, irrespective of their gender. Article 23 is one such article that states that “Every citizen shall have the right to acquire, hold and dispose of property in any part of Pakistan, subject to the constitution and any reasonable restrictions imposed by law”.
Moreover, Article 24 of the Constitution goes on to state that no person shall be deprived of their property save in accordance with the law. The Constitution also sets out the goals which the people of Pakistan have set out for themselves in ‘Principles of Policy’ which include the protection of mother and the child under Article 35 and require the promotion of social justice and eradication of social evils under Article 37.
The Muslim Family Law Ordinance (MFLO) introduced in 1961, entitles Muslim women to inherit all kinds of property according to their prescribed shares under Sharia law, depending on their relationship with the deceased.
What are the types of property for inheritance purposes?
The procedure of property distribution in Pakistan commences with two types of properties:
- Movable Assets
The assets that include cash, gold, vehicles, and stock are the type of property considered to be movable assets.
- Immovable Assets
Real estate, land, buildings, or property types that are not private or easy to transfer are immovable assets.
What is the procedure of obtaining inheritance in Pakistan?
The legal heirs of deceased are required under the law to file an Administrative Suit in the court and get themselves declared as lawful successors of the deceased. During the trial proceedings, the court will take into consideration the evidence provided by the legal heirs including property details, death certificate, family registration certificate and the evidence of legal heirs. Once the court makes a declaration in favour of legal heirs, their names can be incorporated as owners in the record of relevant authorities. In Balochistan, the process has been simplified with the promulgation of the Balochistan Letters of Administration and Succession Certificate Act 2022. Under this Act, legal heirs can directly obtain the necessary certificates from NADRA without going to the Civil Court. Once the certificates have been obtained, the legal heirs along with the death certificate of the deceased, a copy of the land ownership record from the Patwari and an affidavit can submit an application to the concerned revenue officer, requesting that the inheritance mutation be passed in favor of the legal heirs.
How to get Haq Mehr?
There exist two categories of Haq Mehr within the Nikahnama:
- Mu’ajjal (Immediate): This involves an amount that is given to the bride at the moment the Nikah Nama is signed, ensuring that she has immediate access to this gift.
- Ghair Mu’wajjal (Deferred): This refers to an amount that is committed to be paid at a later chosen date or whenever the wife requests it. It’s important to note that both Mu’ajjal and Ghair Mu’wajjal can coexist within the Nikah Nama. For instance, a monetary gift may be presented during the wedding ceremony, while a year later, the husband and wife may agree to exchange property, jewellery, or other valuable assets. This type is also known as and Mu’akhar (deferred) Mehr.
Procedure to Obtain Haq Mehr in Pakistan
To initiate the process of obtaining Haq Mehr in Pakistan, women can follow the steps outlined below:
Filing a Suit for Recovery of Dower under the West Pakistan Family Courts Act 1964:
- A suit must be filed against the husband in a family court under of the West Pakistan Family Courts Act 1964 for the recovery of Haq Mehr.
- This legal action enables individuals to pursue the rightful claim for the payment of the agreed-upon Haq Mehr amount.
Necessary Documents to attach with the Suit:
- Nikahnama: The marriage contract serves as crucial evidence and should be provided to the court.
- Special Contracts Annexed with Nikahnama: If any special contracts pertaining to Haq Mehr are annexed with the Nikahnama, they should be included.
- Evidence of Haq Mehr in the Form of Land Ownership: If Haq Mehr is provided in the form of land, relevant evidence such as property documents should be furnished to support the claim.
How to Gain Custody of Children after Divorce?
The Guardian and Wards Act 1890 (Act of 1890) governs disputes relating to child custody and guardianship in Pakistan. Custody and guardianship can be distinguished as following:
- Custody is the bringing up, nursing or fostering of the child and taking care of the child’s emotional and personal affairs on a day-to-day basis.
- Guardianship means the power to effect legal transactions and contracts with responsibility for the legal consequences. Unlike guardianship, in custody, the child must live with the custodian. In cases regarding custody, the best interests of the minor are given primary consideration.
In accordance with Islamic Law, the custody of a minor is initially granted to the mother, known as the right of ‘Hizanat’. The mother’s custody right over sons ends at the age of seven, while daughters remain with their mothers until they reach puberty. It is considered in the welfare of the child that the child should be with the mother in his/her tender years so the mother will get preference over other relatives including the father.
Relevant law and procedure
- Child custody in Pakistan is governed by the Family Laws Ordinance, 1961, and the Guardian and Wards Act, 1890.
- Obtaining child custody in Pakistan involves filing a petition under the Guardian and Wards Act, 1890 before a family court and demonstrating the child’s best interests.
- Mediation is commonly used to reach custody agreements, which are presented to the court for approval.
- International law considerations apply in cases involving foreign nationals or dual nationality, with Pakistani courts considering relevant conventions and treaties.
Does the court exclusively focus on the ‘welfare of the minor’ as the primary factor when deciding custody cases?
In every matter related to a minor, the court will give preference to a child’s welfare and interest over that of parents’ rights. Section 17 of the Act of 1890, declares the ‘welfare of a minor’ a paramount consideration. The approach of the Pakistani courts is that the welfare is not proved by presumption but by evidence since it is a question of fact. According to the courts the welfare of a child means a child’s health, education, physical, mental, and psychological development. Considerable attention is given to the minor’s happiness and emotional attachment with a custodian. It is considered in the interest of the child to live with his/her siblings.
Factors Considered by Pakistani Courts
Pakistani courts consider several factors in child custody cases, including:
- Age and gender of the child.
- Child’s preference (if applicable).
- Financial and emotional stability of each parent.
- Ability to provide for the child’s basic needs.
- Parents’ mental and physical health.
- Child’s relationship with each parent and any siblings.
Visitation Plan for Minors
Courts establish a visitation plan for non-custodial parents to ensure regular contact with their children.
How to get Khula?
There could be several reasons on the basis of which a wife can seek a decree of dissolution of marriage under the name of Khula e.g., hatred between spouses, mismatch, home abuse or torture by husband, the husband has gone missing, lost his sanity, or is impotent, etc.
How to initiate khula petition?
- Filing the Petition: File a Khula petition in a Family Court with jurisdiction.
- Providing Grounds: Include grounds for Khula and relevant details in the petition.
- Service of Notice: The court issues a notice to the husband.
- Husband’s Response: The husband must file a written statement within 15 days of appearance.
- Hearing: The court conducts a hearing and records evidence.
- Judgment: After close of evidence of both sides, the Family Court attempts for reconciliation between the parties and in case of failure, proceeds to pronounce its judgment and pass a decree.
- Submit Application to the Union Council: Once the divorce decree is obtained, the next step is to submit an application to the union council where the marriage was registered.
- Verification of Documents:The union council will then verify the documents submitted by the parties. If the documents are found to be authentic, the union council will issue a divorce certificate.
- Collection of Divorce Certificate: The parties can collect the divorce certificate from the union council once it is issued. It is essential to note that the divorce certificate is only valid if it is signed and stamped by the union council.
Maintenance and Financial Considerations
The court may order the husband to pay maintenance to the wife until the expiry of the Iddat Period after dissolution of marriage.
Delegated Divorce or Talaq-e-Tafweez
According to Muslim law, the husband has the authority to divorce, but he can also grant this right to his wife. This is known as the Delegated divorce, or “Talaq-e-Tafweez”. This authority, called “Tafweez” is given to the wife by the husband, who can then file for divorce independently. This practice is regulated by Sections 7 and 8 of the Muslim Family Laws Ordinance, 1961.