A complete guide about your divorce and family matters according to West Pakisatn Family Courts Act 1964.

1. How do I start my divorce?
&
What should I expect?
Presented by:
The Law House
Farooq Haider Advocate High Court
0345-7571135

2.  This presentation contains general information and does
not constitute legal advice.
 Be sure to direct specific questions about your own
situation to a lawyer.
Presented by:
The Law House
Farooq Haider Advocate High Court
0345-7571135

3.  Divorce
West Pakistan Family Courts Act, 1964
 Stage 1: beginning of the case
 Stage 2: summoning of defendant
 Stage 3: written reply of defendant
 Stage 4: reconciliation between the parties
 Stage 5: divorce in result of failure of
reconciliation
Presented by:
The Law House
Farooq Haider Advocate High Court
0345-7571135

4.  Stage 6: temporary allowance for
Children (if any)
 Stage 7: documentary & oral evidence of
both parties
 Stage 8: final arguments
 Stage 9: judgment & decree of the court.
Presented by:
The Law House
Farooq Haider Advocate High Court
0345-7571135

5. A party can file a single suit for:
(i)Divorce
(ii)Dower
(iii)Maintenance Allowance
(iv)Custody of Children
(v)Restitution of Conjugal Rights
(vi)Guardianship
(vii)Jactitation of Marriage
(viii)Dowry
(xi)Personal property & belongings

6. The typical divorce process begins when one spouse files a plaint for divorce:
 The “plaint” is legal paperwork that you or your
attorney give to the courts to start your divorce
process.
 It states grounds for divorce includes:
 (i) Whereabouts of the husband not known for a
period of one year.
 (ii) Husband has neglected or failed to provide
maintenance for a period of two years.
 (iii) Husband has been sentenced to imprisonment
for a period of 3 years or upwards.
Divorce  Stage One: W.P.F.C. Act 1964 Divorce Process

7.  (iv) Husband has failed to perform marital
obligations for a period of 3 years.
 (v) Husband has impotent.
 (vi) Husband has been insane for a period of 1 year.
 (vii) At the time of marriage girl was minor.
 (viii) Husband treats woman with cruelty.
Divorce  Stage One: W.P.F.C. Act 1964 Divorce Process
Presented by:
The Law House
Farooq Haider Advocate High Court
0345-7571135

8. PLAINT: Paperwork that states facts and grounds for divorce.
• Spouse filing the complaint becomes the “plaintiff.”
• Stage 2: The plaintiff then serves spouse with summons and plaint
before next date of hearing.
• Plaintiff files proof of service, to say that summons has served and
informed about the plaint filed against him.
Stage 3: RESPONSE: Appearance, Answer and/or Counterclaim.
• Responding spouse becomes the “defendant”.
• Upon receipt of the summons, the defendant has 30 days to file an
appearance or answer, which may include a counterclaim/written reply.
Divorce  Stage 2&3: W.P.F.C. Act 1964 Divorce Process

9.  If no response to plaint within 30 days, the
plaintiff can seek an Ex-parte proceedings
against the defendant.
Example: defendant avoids to appear and face the
proceedings.
 This can also be an intentional strategy, to get
an uncontested divorce.

10.  After filing written statement by the defendant court will
initiate Pre-trial proceedings/reconciliation between the
parties.
 Court will ask about the earnings and source of income
from the defendant to ascertain the amount of temporary
allowance.
 If pre-trial proceedings/reconciliation results in failure
then court will ask for evidence of both parties.
Discovery: This is the effort to discover facts relevant to the divorce case through requests for
documents and information about things such as earnings, monthly budgets, assets, debts, etc.
Divorce  Stage 4: W.P.F.C. Act 1964 Divorce Process

11. After failing of pre-trial proceedings family
court will decree the case of plaintiff to the
extent of Divorce and go for further
proceedings.
Court will frame issues and ask evidence
from the parties.
Divorce  Stage 5: W.P.F.C. Act 1964 Divorce Process
Presented by:
The Law House
Farooq Haider Advocate High Court
0345-7571135

12.  Family court also have jurisdiction to fix temporary
allowance for the minor children (if any)
 Family court always determine temporary allowance
according to the income sources of the defendant.
Divorce  Stage 6: W.P.F.C. Act 1964 Divorce Process
Presented by:
The Law House
Farooq Haider Advocate High Court
0345-7571135

13.  Family court shall examine the witnesses produced
by the parties in such order as it deems fit.
 Family court may put any question to any witness
for the purpose of elucidation of any point which it
considers important to ascertain the truth.
 Family court may ask for the affidavits of the
witnesses instead of oral evidence.
Divorce  Stage 7: W.P.F.C. Act 1964 Divorce Process

14.  Family court before announcing its final judgment and
decree hear both the counsels of the parties.
Divorce  Stage 8: W.P.F.C. Act 1964 Divorce Process
Presented by:
The Law House
Farooq Haider Advocate High Court
0345-7571135

15.  Family Court shall make another effort to effect a
compromise or reconciliation between the parties
within a period not exceeding fifteen days.
 If such compromise or conciliation is not possible,
the family court shall announce its judgment and
give a decree.
Divorce  Stage 9: W.P.F.C. Act 1964 Divorce Process
Presented by:
The Law House
Farooq Haider Advocate High Court
0345-7571135

16. The court will send cases involving custody to
family courts.
The family judge will settle all the disputes with
in 6 months.

17. Call us:
Divorce  Questions? Can We Help?
(0345) 7571135
Email us:
farooq_haider22@yahoo.com
Adv.farooqi@gmail.com Presented by:
The Law House
Farooq Haider Advocate High Court
0345-7571135