Understanding Cyber Crime Litigation: Key Concepts and Legal Frameworks
Divorce according to West Pakistan Family Courts Act 1964
1. How do I start my divorce?
&
What should I expect?
Presented by:
The Law House
Farooq Haider Advocate High Court
0345-7571135
2. This presentation contains general information and does
not constitute legal advice.
Be sure to direct specific questions about your own
situation to a lawyer.
Presented by:
The Law House
Farooq Haider Advocate High Court
0345-7571135
3. Divorce
West Pakistan Family Courts Act, 1964
Stage 1: beginning of the case
Stage 2: summoning of defendant
Stage 3: written reply of defendant
Stage 4: reconciliation between the parties
Stage 5: divorce in result of failure of
reconciliation
Presented by:
The Law House
Farooq Haider Advocate High Court
0345-7571135
4. Stage 6: temporary allowance for
Children (if any)
Stage 7: documentary & oral evidence of
both parties
Stage 8: final arguments
Stage 9: judgment & decree of the court.
Presented by:
The Law House
Farooq Haider Advocate High Court
0345-7571135
5. A party can file a single suit for:
(i)Divorce
(ii)Dower
(iii)Maintenance Allowance
(iv)Custody of Children
(v)Restitution of Conjugal Rights
(vi)Guardianship
(vii)Jactitation of Marriage
(viii)Dowry
(xi)Personal property & belongings
6. The typical divorce process begins when one spouse files a plaint for divorce:
The “plaint” is legal paperwork that you or your
attorney give to the courts to start your divorce
process.
It states grounds for divorce includes:
(i) Whereabouts of the husband not known for a
period of one year.
(ii) Husband has neglected or failed to provide
maintenance for a period of two years.
(iii) Husband has been sentenced to imprisonment
for a period of 3 years or upwards.
Divorce Stage One: W.P.F.C. Act 1964 Divorce Process
7. (iv) Husband has failed to perform marital
obligations for a period of 3 years.
(v) Husband has impotent.
(vi) Husband has been insane for a period of 1 year.
(vii) At the time of marriage girl was minor.
(viii) Husband treats woman with cruelty.
Divorce Stage One: W.P.F.C. Act 1964 Divorce Process
Presented by:
The Law House
Farooq Haider Advocate High Court
0345-7571135
8. PLAINT: Paperwork that states facts and grounds for divorce.
• Spouse filing the complaint becomes the “plaintiff.”
• Stage 2: The plaintiff then serves spouse with summons and plaint
before next date of hearing.
• Plaintiff files proof of service, to say that summons has served and
informed about the plaint filed against him.
Stage 3: RESPONSE: Appearance, Answer and/or Counterclaim.
• Responding spouse becomes the “defendant”.
• Upon receipt of the summons, the defendant has 30 days to file an
appearance or answer, which may include a counterclaim/written reply.
Divorce Stage 2&3: W.P.F.C. Act 1964 Divorce Process
9. If no response to plaint within 30 days, the
plaintiff can seek an Ex-parte proceedings
against the defendant.
Example: defendant avoids to appear and face the
proceedings.
This can also be an intentional strategy, to get
an uncontested divorce.
10. After filing written statement by the defendant court will
initiate Pre-trial proceedings/reconciliation between the
parties.
Court will ask about the earnings and source of income
from the defendant to ascertain the amount of temporary
allowance.
If pre-trial proceedings/reconciliation results in failure
then court will ask for evidence of both parties.
Discovery: This is the effort to discover facts relevant to the divorce case through requests for
documents and information about things such as earnings, monthly budgets, assets, debts, etc.
Divorce Stage 4: W.P.F.C. Act 1964 Divorce Process
11. After failing of pre-trial proceedings family
court will decree the case of plaintiff to the
extent of Divorce and go for further
proceedings.
Court will frame issues and ask evidence
from the parties.
Divorce Stage 5: W.P.F.C. Act 1964 Divorce Process
Presented by:
The Law House
Farooq Haider Advocate High Court
0345-7571135
12. Family court also have jurisdiction to fix temporary
allowance for the minor children (if any)
Family court always determine temporary allowance
according to the income sources of the defendant.
Divorce Stage 6: W.P.F.C. Act 1964 Divorce Process
Presented by:
The Law House
Farooq Haider Advocate High Court
0345-7571135
13. Family court shall examine the witnesses produced
by the parties in such order as it deems fit.
Family court may put any question to any witness
for the purpose of elucidation of any point which it
considers important to ascertain the truth.
Family court may ask for the affidavits of the
witnesses instead of oral evidence.
Divorce Stage 7: W.P.F.C. Act 1964 Divorce Process
14. Family court before announcing its final judgment and
decree hear both the counsels of the parties.
Divorce Stage 8: W.P.F.C. Act 1964 Divorce Process
Presented by:
The Law House
Farooq Haider Advocate High Court
0345-7571135
15. Family Court shall make another effort to effect a
compromise or reconciliation between the parties
within a period not exceeding fifteen days.
If such compromise or conciliation is not possible,
the family court shall announce its judgment and
give a decree.
Divorce Stage 9: W.P.F.C. Act 1964 Divorce Process
Presented by:
The Law House
Farooq Haider Advocate High Court
0345-7571135
16. The court will send cases involving custody to
family courts.
The family judge will settle all the disputes with
in 6 months.
17. Call us:
Divorce Questions? Can We Help?
(0345) 7571135
Email us:
farooq_haider22@yahoo.com
Adv.farooqi@gmail.com Presented by:
The Law House
Farooq Haider Advocate High Court
0345-7571135