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Showing posts from March, 2024

Can a woman seek Khula if Her Husband is involved in cyber Espionage in Pakistan?

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  In Khula Procedure in Pakistan , , where the prevalence of cyber espionage poses significant ethical, legal, and security challenges, the question of whether a woman can seek Khula, or divorce initiated by herself, if her husband is involved in cyber espionage raises complex considerations. Khula is a legal procedure in Islamic law that allows a woman to seek divorce under specific circumstances, and the involvement of a spouse in cyber espionage may constitute grounds for divorce based on ethical, legal, and practical factors. Legal Perspective: Under Pakistani law, Khula can be sought by a woman on various grounds, including cruelty, desertion, or any other reasonable cause that makes it intolerable for her to continue the marriage. While cyber espionage may not be explicitly listed as a ground for Khula, the broader principle of intolerability allows for interpretation based on the circumstances of each case. If a woman can demonstrate that her husband's involvement in cyber e...

Can a Parent's history of Neglecting Moral development affect Custody decisions in Pakistan?

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  Introduction The Child Custody Laws in Pakistan moral development of a child is integral to their overall well-being and future prospects. In Pakistan, where cultural and ethical values hold significant importance, parental influence on moral development is substantial. This essay examines whether a parent's history of neglecting moral development can impact custody decisions in Pakistan, highlighting legal considerations, interventions, and potential outcomes. Legal Framework In Pakistan, custody and guardianship matters are governed by the Family Courts Act 1964 and Guardians and Wards Act 1890. These laws prioritize the best interests of the child, encompassing physical, emotional, and moral well-being. While moral development may not be explicitly defined in legal statutes, courts recognize its significance in shaping a child's character and conduct. Identification of Neglect Cases involving parental neglect of moral development typically arise when one parent alleges th...

How does the Court consider the Wishes of Older Children in Custody Cases in Pakistan?

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Introduction:   In Child Custody Laws in Pakistan , , the court may consider the wishes of older children as one of several factors in determining custody arrangements. The weight given to the child's preferences depends on their age, maturity level, and capacity to express their wishes effectively. While the child's wishes are not determinative, they are taken into account by the court as part of its assessment of the child's best interests. Here's how the court may consider the wishes of older children in custody cases in Pakistan: Age and Maturity Level: The court considers the age and maturity level of the child when evaluating their wishes regarding custody arrangements. Older children, typically those in their teenage years, may have a greater capacity to express their preferences and articulate their reasons for them. Capacity to Understand Consequences: The court assesses whether the child understands the potential consequences of their custody preferences and ...