The specialty 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 is a basic unit of a society and its protection and welfare guarantees the protection and welfare of the civilized society.
The family laws favour 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 favour 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 files any family case against the husband/ ex-husband the case shall be filed where the wife resides otherwise the case is filed where the husband/ defendant resides. These are the few examples which are protected through the article 35 of the Constitution of Pakistan, the family laws and through the practice of the court.
Therefore the court in Pakistan always follows the scheme of the Constitution of the Islamic Republic of Pakistan which is also supported by the Injunctions of Islam i.e. Holy Quran and Sunnah of the Holy Prophet P.B.U.H.
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