At OmniCerta, we protect what matters most; your family, your dignity, and your legal rights.

OmniCerta provides empathetic, discreet, and culturally-informed legal support in family and personal law matters across Pakistan. Whether dealing with divorce, child custody, inheritance, or succession planning, our team ensures compliance with both statutory and religious laws, delivering legal solutions grounded in compassion, expertise, and discretion.

Understanding Family Law in Pakistan

Family law in Pakistan is a unique blend of Islamic law (Sharia) and British-derived common law, reflecting the country’s historical and religious heritage. Personal status matters including marriage, divorce, maintenance, child custody, and inheritance are governed primarily by Islamic jurisprudence, with legislation such as the Muslim Family Laws Ordinance, 1961 and the Family Courts Act, 1964 providing statutory structure and safeguards.

Following independence, Pakistan retained and later reformed many family law principles through landmark legislation, addressing issues such as:

• Triple talaq reforms:
  • The MFLO, 1961 while not abolishing talaq (divorce), introduced a process for its pronouncement, which largely applies to one or two pronouncements, and excludes three pronouncements, essentially reforming the triple talaq practice.
• Inheritance rights of orphaned grandchildren:
  • Section 4 of the MFLO, 1961 provides for the inheritance rights of orphaned grandchildren, ensuring they receive a share of their deceased parent’s inheritance from their grandparents. This is a departure from traditional Islamic law where orphaned grandchildren were not direct inheritors if the deceased’s children were still alive.
• Formalisation of marriage and divorce procedures:
  • The MFLO, 1961 formalized the registration of marriages and divorces through the Union Councils, requiring licenses for Nikah Registrars (marriage officiants).
• Restrictions on polygamy:
  • While not outright banning polygamy, the MFLO, 1961 introduced restrictions and requirements for men seeking to marry multiple wives. 
• Expansion of women’s rights in divorce and maintenance:
  • The MFLO, 1961 and subsequent legislation expanded women’s rights in divorce, including provisions for mehr (dower) and maintenance. It also addressed issues related to custody and guardianship of children.

Family Courts in Pakistan have exclusive jurisdiction over personal status matters. Appeals from Family Courts lie with the respective High Court of each province. Laws are interpreted in light of Quran and Sunnah, with jurisdiction also exercised by the Federal Shariat Court and the Shariat Appellate Bench of the Supreme Court in cases involving Islamic law compliance.

Our Core Family Law Services

OmniCerta offers comprehensive legal assistance tailored to the sensitive nature of personal and family disputes. Our lawyers specialise in the following areas:

1. Divorce (Talaq and Khula)
   • OmniCerta guide both men and women through the legal and procedural aspects of divorce under Pakistani law, including:
     • Talaq procedures and Union Council notifications
     • Judicial khula for women under the Dissolution of Muslim Marriages Act, 1939
     • Reconciliation procedures and arbitration
     • Mahr (dower) recovery and post-divorce maintenance
     • Contesting invalid or unregistered divorces
2. Child Custody and Guardianship
   • Our lawyers handle child custody matters with a strong focus on the best interests of the child, balancing classical Hanafi rules with modern judicial discretion under the Guardians and Wards Act, 1890:
     • Legal guardianship (wilayat) and custody (hizanat)
     • Custody rights post-divorce for both parents
     • Visitation rights and relocation disputes
     • Guardianship applications and court representation
3. Maintenance and Financial Support
   • OmniCerta assist in claims involving spousal and child maintenance, including:
     • Recovery of unpaid maintenance
     • Enforcement of Union Council and court orders
     • Arbitration in co-wife disputes (MFLO, 1961)
     • Calculating mahr and financial entitlements post-divorce
4. 4. Inheritance and Succession Planning
   • OmniCerta help individuals and families navigate Islamic succession rules, offering services such as:
     • Legal determination of heirs under Sharia law
     • Will drafting and probate
     • Representation in inheritance disputes
     • Application of the Muslim Personal Law (Shariat) Application Act, 1962
5. Women’s Rights and Legal Protections
   • OmniCerta provide assertive legal advocacy to protect women’s rights, including:
     • Protection against forced marriages
     • Legal remedies for cruelty and domestic abuse
     • Post-divorce financial settlements
     • Representation in cases involving judicial khula
6. Minorities and Personal Law
   • We understand the complexities of personal law for non-Muslim minorities, including:
     • Customised legal advice for Christian, Hindu, Sikh, and Ahmadi communities
     • Personal law implications for interfaith marriages
     • Access to religiously appropriate legal remedies

Legal Framework We Navigate

OmniCerta’s team works within the scope of key statutes, including:

• Muslim Family Laws Ordinance, 1961:
  • This ordinance addresses various aspects of Muslim family law, including marriage, divorce, dower, and inheritance, and aims to provide a framework for family matters within the Muslim community. 
• West Pakistan Family Courts Act, 1964:
  • This act establishes Family Courts to handle disputes related to marriage, family affairs, and related matters, ensuring expeditious settlement. 
• Dissolution of Muslim Marriages Act, 1939:
  • This act outlines the grounds on which a Muslim woman can seek dissolution of her marriage, providing legal recourse for women seeking divorce. 
• Guardians and Wards Act, 1890:
  • This act governs guardianship matters, including the appointment and powers of guardians for minors and their property. 
• Child Marriage Restraint Act, 1929:
  • This act aims to prevent child marriages by setting minimum age requirements for marriage and imposing penalties for violations. 
• Law of Evidence Order, 1984 (Qanun-e-Shahadat):
  • This order establishes rules of evidence applicable in legal proceedings, including those related to family law matters. 

Core Family and Personal Law Services:

• Divorce (Talaq & Khula)
• Child Custody & Guardianship
• Maintenance & Financial Support
• Inheritance & Succession Planning
• Marriage Registration & Nikah Services
• Women’s Rights & Legal Protections
• Minority Personal Law Matters
• Child Marriage Prevention

Why Choose OmniCerta?

OmniCerta stands apart with a team of experienced family lawyers deeply versed in both Islamic and statutory law, ensuring legally sound and culturally appropriate solutions. Our approach is grounded in cultural sensitivity, gender inclusivity, and a deep respect for the emotional complexity of family disputes. We provide end-to-end representation in Family Courts and appellate forums, tailoring legal strategies to each client’s unique circumstances. With a steadfast commitment to confidentiality, ethics, and empathy, OmniCerta delivers compassionate legal support when it matters most. For a confidential consultation with a family law expert, contact OmniCerta today—your trusted partner in navigating personal legal matters with dignity and precision.

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