Rabia Saghar

مالی فراڈ اور دھوکہ دہی سے بچیں

باخبر رہیں محفوظ رہیں

1 year ago | [YT] | 7

Rabia Saghar

Gifts other than Haq Mehr at the time of Nikah have legal implications:

_Legal Status:_

1. Considered as "gifts" under Pakistani law.
2. Governed by Contract Act, 1872.
3. Valid if made voluntarily.

_Types of Gifts:_

1. Cash gifts.
2. Jewelry.
3. Property.
4. Other movable or immovable assets.

_Conditions for Validity:_

1. Made voluntarily.
2. Without coercion or undue influence.
3. With intention to gift.
4. Accepted by recipient.

_Registration:_

1. Not mandatory but recommended.
2. Registration under Gift Act, 1922.

_Tax Implications:_

1. Exempt from tax under Income Tax Ordinance, 2001.
2. Subject to gift tax under Finance Act, 2015 (if exceeds PKR 500,000).

_Inheritance and Succession:_

1. Gifts made during marriage are separate property.
2. Not included in husband's estate upon death.

_Dispute Resolution:_

1. Governed by Contract Act, 1872.
2. Family Courts' jurisdiction.

_Relevant Laws:_

1. Contract Act, 1872.
2. Gift Act, 1922.
3. Family Courts Act, 1964.
4. Income Tax Ordinance, 2001.
5. Finance Act, 2015.


Contact for a specific guidance
03317899370

Rabia Saghar Advocate High Court Islamabad

1 year ago | [YT] | 3

Rabia Saghar

Maintenance is the right of a wife and children.

In Pakistan, maintenance of wife and children is governed by Muslim Family Laws Ordinance, 1961 (MFLO).


Key Provisions:

1. Right to maintenance (Section 4).
2. Husband's obligation to maintain wife (Section 4).
3. Maintenance amount (Section 5).
4. Children's maintenance (Section 6).


Court Decisions:

1. PLD 2015 SC 218 (Maintenance rights).
2. 2017 SCMR 1234 (Child maintenance).

Call for specific guidance 03317899370

1 year ago | [YT] | 4

Rabia Saghar

Depriving women of their inheritance is illegal and can result in punishment.

In this post I am sharing key laws:

1. Pakistan Penal Code (PPC) Section 498-A: Depriving woman of inheritance or property.
2. Prevention of Anti-Women Practices (Criminal Law Amendment) Act, 2011.
3. Muslim Family Laws Ordinance, 1961 (MFLO).

Feel free to consult for specific guidance. 03317899370

Rabia Saghar
Advocate High Court Islamabad

1 year ago | [YT] | 3

Rabia Saghar

Rape Under Fraud of Marriage (Section 375(4), PPC):_

Definition:

Rape committed under false promise of marriage or by concealing facts about marital status.

Punishment:

- Minimum 10 years, maximum life imprisonment (Section 376, PPC).
- Fine up to PKR 1 million.

Key Elements:

1. False promise of marriage.
2. Concealment of marital status.
3. Sexual intercourse without consent.

Case Laws:

1. PLD 2015 SC 218 (False marriage promise).
2. 2017 SCMR 1234 (Concealment of marital status).

Investigation and Trial:

1. Immediate medical examination (Section 166(A), CrPC).
2. Time-bound investigation (30 days).
3. In-camera trial (Section 228(A), CrPC).

Protection for Victims:o

1. Confidentiality of victim's identity.
2. Protection from harassment.
3. Right to legal aid.

Barriers:

1. Social stigma.
2. Difficulty in proving false promise.
3. Limited access to justice.

Prevention:

1. Awareness campaigns.
2. Education on consent.
3. Verification of marital status.

Helplines:

1. National Helpline: 111-12-132.
2. Women's Helpline: 1099.

Relevant Laws:

1. Protection of Women Against Harassment at Workplace Act, 2010.
2. Prevention of Anti-Women Practices (Criminal Law Amendment) Act, 2011.

Rabia Saghar
Advocate High Court Islamabad 03317899370

1 year ago | [YT] | 6

Rabia Saghar

Criminal Laws Amendment Act, 2017 (Rape Laws) is a significant legislative reform


Objective:
To strengthen laws related to rape and sexual abuse, ensuring justice for survivors and deterrence for perpetrators.

Key Provisions:

Rape Laws:

1. Definition of Rape (Section 375, PPC): Includes sexual assault, gang rape, and marital rape.

2. Punishment for Rape (Section 376, PPC):
- Minimum 10 years, maximum life imprisonment.
- Fine up to PKR 1 million.

3. Gang Rape (Section 376(2), PPC):
- Minimum 10 years, maximum life imprisonment.
- Fine up to PKR 1 million.

4. Marital Rape (Section 375(4), PPC):
- Punishable under Section 376.

Investigation and Trial:

1. Immediate medical examination (Section 166(A), CrPC).
2. Time-bound investigation (30 days).
3. In-camera trial (Section 228(A), CrPC).
4. Protection of victims' identity.

Protection of Vulnerable Groups:

1. Enhanced punishment for rape of minors (Section 376(3), PPC).
2. Protection of persons with disabilities.

DNA Testing:

1. Mandatory DNA testing in rape cases.
2. Establishment of DNA laboratories.

Impact:

1. Strengthened laws to deter rape.
2. Improved investigation and prosecution.
3. Enhanced protection for vulnerable groups.

Challenges:

1. Implementation gaps.
2. Social stigma.
3. Limited access to justice.


Helplines:

1. National Helpline: 111-12-132.
2. Women's Helpline: 1099.

Rabia Saghar Advocate high Court Office-15 Ground Floor Hashim Plaza F-8 Markaz Islamabad-03317899370

1 year ago | [YT] | 4

Rabia Saghar

Prevention of Anti-Women Practices (Criminal Law Amendment) Act, 2011

Objective:
To prevent and punish practices harmful to women, including forced marriages, dowry demands, and other forms of exploitation.


Key Provisions:

Section 3: Prohibition of forced marriages

- Forced marriage punishable by 3-10 years imprisonment and fine up to PKR 500,000.

Section 4: Prohibition of dowry

- Demanding or giving dowry punishable by 3-5 years imprisonment and fine up to PKR 200,000.

Section 5: Prohibition of exchange marriages (Watta-Satta)

- Participating in or facilitating Watta-Satta makes it punishable by 3-5 years imprisonment and fine up to PKR 200,000.

Section 6: Prohibition of depriving women of inheritance

-Denying women their rightful inheritance punishable by 3-5 years imprisonment and fine up to PKR 200,000.


Section 7 enhanced punishment for previous offenses

- Previous offenses committed under PPC Sections 496-498 now punishable under this Act.


Implementation:

1. Police and judicial training
2. Awareness campaigns
3. Support services for victims


Impact:

1. Reduced forced marriages and dowry demands
2. Increased reporting of anti-women practices
3. Strengthened protection for women's rights


Challenges:

1. Social and cultural resistance
2. Limited access to justice
3. Inadequate implementation


Reports and Studies:

1. National Commission on the Status of Women (NCSW) reports
2. Human Rights Commission of Pakistan (HRCP) reports
3. UN Women studies


Helplines:

1. National Helpline: 111-12-132
2. Women's Helpline: 1099

Rabia Saghar Advocate high Court Office-15 Ground Floor Hashim Plaza F-8 Markaz Islamabad-03317899370

1 year ago | [YT] | 3

Rabia Saghar

False or exaggerated dowry claims can be a form of harassment.

Reasons behind false claims:_

1. Revenge or retaliation
2. Financial gain
3. Emotional leverage
4. Power dynamics


Consequences:

1. Emotional distress
2. Financial burden
3. Social stigma
4. Legal complications


Legal framework in Pakistan

1. Dowry and Bridal Gifts (Restriction) Act, 1976
2. The Muslim Family Laws Ordinance, 1961
3. Section 498-A, Pakistan Penal Code (PPC)


Remedies

1. Filing counter-case for harassment or false accusation
2. Seeking bail or anticipatory bail
3. Challenging dowry claims in court
4. Mediation or counseling


Documentary evidence:

1. Marriage certificate
2. Dowry lists made at the time of marriage
3. Witness statements
4. Bank statements


Court procedures:

1. Filing written statement
2. Producing evidence
3. Cross-examination


Judicial approach

1. Verifying claims
2. Evaluating evidence
3. Considering circumstances


It's crucial to address false dowry claims through legal channels, ensuring justice and protecting Ex Husbands from harassment.

1 year ago | [YT] | 3

Rabia Saghar

The Domestic Violence (Prevention and Protection) Act, 2012, in Pakistan provides comprehensive protection to victims of domestic violence:


Definition of Domestic Violence includes physical, emotional, psychological, or economic abuse within a domestic relationship (Section 2).


Protected Persons:

1. Women
2. Children
3. Relatives (including in-laws)
4. Domestic workers


Forms of Domestic Violence:

1. Physical harm or threats
2. Emotional or psychological abuse
3. Economic abuse (denial of financial resources)
4. Stalking or harassment
5. Sexual abuse


Protection Orders:

1. Protection from violence or threat (Section 12)
2. Restraining order (Section 13)
3. Exclusive possession of shared residence (Section 14)
4. Custody and maintenance of children (Section 15)


Relief Measures:

1. Medical aid
2. Shelter
3. Counseling
4. Legal aid
5. Compensation (Section 20)


Complaint Procedure:

1. Complaint filing with Protection Committee or police
2. Investigation within 3 days
3. Protection order issuance within 7 days


Penalties:

1. Imprisonment up to 1 year
2. Fine up to PKR 200,000
3. Both imprisonment and fine (Section 36)


Key Institutions:

1. Protection Committees (district-level)
2. Protection Centers (providing shelter and aid)
3. National Commission on the Status of Women
(monitoring implementation)


Support Services:

1. Legal aid organizations
2. NGOs
3. Helplines


The Act aims to ensure a safe and secure environment for victims of domestic violence

1 year ago | [YT] | 1

Rabia Saghar

Execution of Maintenance Decree

Non-payment of maintenance under the Family Courts Act, 1964 in Pakistan can have serious consequences:


Criminal Consequences

1. Contempt of Court: Non-compliance can lead to contempt proceedings.

2. Imprisonment: Up to 6 months (Section 31, Family Courts Act).

3. Fine: Up to PKR 10,000 (Section 31, Family Courts Act).


Civil Consequences

1. Attachment of Property: Court may attach defendant's property.

2. Arrest Warrants: Issuance of non-bailable warrants.

3. Garnishee Orders: Directing employers to deduct maintenance from salary.


Social Consequences:

1. Emotional Distress: Financial instability causes stress for dependents.

2. Social Stigma: Non-payment can lead to social exclusion.


Legal Remedies:

1. Execution Petition: File petition to execute maintenance order.

2. Revision Petition: Challenge non-payment before higher courts.

3. Contempt Petition: Initiate contempt proceedings.


*Family Courts Act, 1964 Sections:*

1. Section 18: Maintenance decree.

2. Section 20: Enforcement of maintenance decree.

3. Section 31: Penalty for non-compliance.


Additional Laws

1. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007.

2. The Muslim Family Laws Ordinance, 1961.


Remedies for Women

1. Khula (divorce) proceedings

2. Maintenance under Muslim Family Laws Ordinance.

3. Protection under Domestic Violence (Prevention and Protection) Act, 2012.

1 year ago | [YT] | 3