The speciality of the Muslim Family Laws and Guardianship Laws is that no hard and fast rules can be laid down for the application of these laws. Article 35 of the Constitution of the Islamic Republic of Pakistan directs that the "The State shall protect the "marriage", the "family", "mother" and the "child". Family os a bsoc unit of a society and its protection and welfare guarantees the protection and welfare of the civilized society. The family laws favours the mother and children as compare to father. For example father is bound to pay maintenance to the obedient wife and the minor children. In case there is dispute between the mother and father for the custody of the minor the law always favours the mother even if the mother has no financial means to take care the children. The father is bound to provide maintenance to the children whether the father has or has not custody of the minor children. Similarly if the wife file any family case against the husband/ ex-husband the case shall be filed where tje wife resides otherwise the case is where the husband/ defendant resides. These are the few examples of favour which ate protected through the article 35 of the Constitution of Pakistan, the family laws and through the practice of the court.
ConversionConversion EmoticonEmoticon