Ziafat Law Associates

06/11/2025

Sindh High Held that in ex*****on of decree prerequisite before issuing non-bailable warrants Court must ensure that the Judgment debtor attempted to leave the limits of the Court in order to obstruct the decree or ex*****on thereof or dishonestly transferred the property after the institution of the suit to avoid the decree; or that he has means to pay the decree but neglected to do the same.
Salman Bari Vs Mst. Samia Khan & Another

04/11/2025

In Sadaf Aziz etc v. Federation of Pakistan etc Lahore High Court
On question, whether the two finger test and the h***n test (virginity test) carried out for the purposes of ascertaining the virginity of a female victim of r**e or sexual abuse has any relevance for establishing the offence of r**e or sexual abuse? Held that two finger test and the h***n test (virginity test) carried out for the purposes of ascertaining the virginity of a female victim of r**e or sexual abuse is unscientific having no medical basis, illegal and against the Constitution. Federation and Provincial Government should take necessary steps to ensure that virginity tests are not carried out in medico legal examination of the victims of r**e and sexual abuse.

01/08/2025

Request of complainant for adjournment cannot be accommodated in bail matters where sufficient notice has been given and accused was in jail.
Also non-disclosure of description of the accused in FIR makes the case one of the further inquiry in bail matters.
Supreme Court of Pakistan, in Kashif Vs Imran Etc

23/04/2024

Khula (خُلع) is an Arabic word which literally means "untying the knot" “discharge”. In Family law it means “Divorce at instance of wife who pays compensation”. In Pakistan Khulla is a legal right of wife to initiate divorce proceedings against her husband in a family court. Right of Khulla is exercised by those woman, who want to terminate the Nikha/marriage contract with their husband but he does not release them of it through talaq.
In Islam husbands have unilateral right to break the marriage by talaqs. However wives typically need to go through court for khula unless the husband grants divorce rights in the nikahnama (marriage contract). In order to obtain Khula (خُلع), a wife files a suit/petitions for khula in the family court of Tehsil of her residence. In her petition she needs to state her reasons for obtaining Khula (خُلع) which are (i) husband is missing for 4 years (ii) not maintained the wife for 2 years (iii) sentence to imprisonment for 7 years (iv) did not perform his matrimonial obligations for 3 years (v) impotency (vi) husband is insane for 2 years (vii) option of puberty (viii) Lian (ix) cruelty and (x) loss of love in the heart of wife/disliking of husband. However it is enough if she only states under oath that she can't live with husband within Islamic guidelines. Wife has to return herحق مہر dower to the husband. However, the return of mehr is debatable and depends on the grounds of khulla خلع taken by wife.

22/04/2024

A court marriage in Pakistan is a marriage between a man and woman that is registered with the local government i.e. union council. Court marriage is a simpler and quicker alternative to a traditional wedding ceremony. Court Marriage is mostly for those people where the family i.e. parents do not support or accept the girl or boy. It is also for those couples who want to simply enter into nikah. For Courrt Marriage Consent/marzi of parents is not required. Please note Same-sex/ gay marriage is not legal in Pakistan.
Legal age for marriage is 18 years or above for both boy and girl (minimum age varies in different provinces and Islamabad). The girl must be single, divorced, khulafied or widowed proof of which is a must. The boy can be single or married. In case boy is married, he would need permission from relevant arbitration council to contract second marriage.
For court marriage NIC of bride and groom is required. In case NIC is not available, passport, or B Form can be used as well as any other document showing proof of age and identity are must.
An affidavit from the bride stating her free will to marry is mandatory.
Two witnesses are required to be present at the ceremony of court marriage as well.
A Nikah Khawan (marriage officiant) solemnizes the marriage.
The Court Marriage is then registered in union council which issues marriage registration certificate (MRC) which is used for NIC & Passport Etc;
It is faster and more convenient compared to traditional weddings which provides legal protection for both partners.
If there is risk of threat, intimidation, harassment, or blackmailing from any member of the family of boy or girl, then a statement in the court is also recorded and private complaint/Istighasa is lodged in the court.
We specialize in court marriage and family laws. Contact us for specific guidance on your situation.

12/12/2022

A zealous witness is someone whose testimony is clearly biased in favor of the party for whom they are testifying. This is usually the case when a witness shows far more than expected enthusiasm when providing testimony.

12/12/2022

A trial court may exercise a reasonable judgment in determining when a subject of cross-examination was exhausted, and had a duty to protect witnesses from questions exceeding the bounds of proper cross-examination solely to harass, annoy, or humiliate them. For a trial to be fair, however, a trial court must give a cross-examiner reasonable latitude and cannot limit cross-examination in a way that would render it meaningless.

09/12/2022

Family Court Established under the Act of 1964 embraces personal laws of all religions, non Muslims, Hindus, Christians, Ahmadis as well as non codified personal law.
PLJ 2011 LHC 645

06/12/2022

A faithful wife living with her husband is entitled to maintenance. A wife who voluntarily deserted the household of her husband is not entitled to maintenance.
2022 CLC 1253 AJK

04/12/2022

Possession of Gift property with the defendants whose predecessor gifted the suit property out of his freewill b4 his death. Factum of gift was supported by evidence of the scribe, marginal witness and sub registrar. All legal formalise were fulfilled. Hence court below rightly upheld th3 factum of gift. Leave to appeal dismissed.
[2004 SCMR 1734]
Raja Ziafat Ali advocate HC

30/10/2022

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