Understanding Family Courts in Pakistan: A Complete Guide

Family courts in Pakistan play a crucial role in resolving domestic disputes and protecting the rights of family members. Established under the Family Courts Act, 1964, these specialized courts handle matters ranging from dissolution of marriage to maintenance and custody issues.

The jurisdiction of family courts extends to various matters including dissolution of marriage (khula and talaq), dower (mahr), maintenance, restitution of conjugal rights, custody of children (hizanat), guardianship, and dowry recovery.

When approaching a family court, it's essential to understand that these courts follow a unique procedure designed to expedite cases. The law mandates that family court cases should be decided within six months, though this timeline is often extended in practice.

Before filing a case, parties are required to attempt reconciliation through a union council or mediation. This pre-trial reconciliation is mandatory for dissolution cases and reflects the law's emphasis on preserving family units where possible.

Documentation is crucial in family court proceedings. Essential documents include the nikah nama (marriage certificate), CNIC copies, evidence of income for maintenance cases, and any relevant correspondence between parties.

For women seeking khula (divorce initiated by wife), the procedure involves filing a suit in the family court, attending reconciliation proceedings, and if reconciliation fails, the court proceeds with the case. The wife may need to return the dower or a portion thereof.

Child custody matters prioritize the welfare of the child. Under Islamic law, mothers typically retain custody (hizanat) of sons until age 7 and daughters until puberty, though courts can deviate from this based on the child's best interests.

If you're facing a family law matter, I recommend consulting with a qualified advocate who can guide you through the specific requirements of your case and help protect your rights throughout the process.