Guardianship After Divorce in Pakistan:
Litigation between the husband and starts after divorce in Pakistan, especially when they have children. When the differences between the husband and wife are at extreme and when they have children, the first issue that arises is who will keep the custody of children. Most of the time, there is no divorce in Pakistan between the husband and the wife, but one of them takes away a child or the children.
Child Custody:
Sometimes the child custody is taken by force, and sometimes the child custody is kept by choice. Let me clear to you that you don’t need to wait for divorce in Pakistan to file a case of custody or take guardianship from the court. Most of the time, the wife or the husband does not file a case of custody or a guardianship case because he or she thinks that there is divorce or the divorce procedure in Pakistan going on. Most of this spouse has the perception that for filling a case of guardianship or filing a custody case, they first have to get a divorce in Pakistan or abroad then only they can file a case in family court, but they are wrong. Legally, a wife, husband, or both don’t have to wait for divorce in Pakistan to file a custody case.
Nadra Divorce Certificate in Pakistan:
Case of guardianship or custody can also be initiated even when the divorce procedure in Pakistan is pending. Please note that legally the divorce in Pakistan is pending until a divorce certificate in Pakistan is issued. Even the court decree is not considered as divorce in Pakistan, so until the Nadra divorce certificate in Pakistan is issued, your divorce is considered pending. Whatever the situation is, no one is debarred from filing a custody case only because the divorce in Pakistan is not yet done or the divorce procedure in Pakistan is pending. If child custody is kept by force, then the other party can file a habeas case instead of filing a case of custody or guardianship.
Habeas:
In habeas case, you get instant relief, and you don’t have to wait for months to get the permanent or interim custody of a child or children. Most of the females, when hiring a lawyer in Pakistan, the lawyers in Pakistan guide them to go for a habeas case instead of going for the custody case because they know that it will give their client an instant remedy from the court. Normally, in the habeas case, the lawyers make a story that the child was taken by force from the mother’s legal custody; therefore, she needs the custody back, which the courts instantly respond to in Pakistan.
Case of Habeas:
In the case of habeas, the court orders the local police station or appoints a bailiff for the recovery of the child. When the police or bailiff recovers the child, the child is produced in the court where the court handover the child from whose custody the child was taken by force and directs the issue to be further decided by the family court in the case of guardianship or custody.