The easiest way to get talaq in Pakistan

The easiest way to get talaq in Pakistan is by mutual consent of spouses. When a husband verbally gives talaq to his wife, he should send a notice of talaq to arbitration council as well. When the wife is living in an area where there is no arbitration council then the notice is given to the union council. Upon receiving this notice the arbitration council will invite the parties for reconciliation after a period of 30 days from the date of notice.

The chairman of arbitration council will preside over the process of reconciliation between the parties. The reconciliation proceedings will happen twice. Once after 30 days and the second time after 60 days. The talaq will become effective on the 90th day and a certificate of the same will be issued to the parties. Before the expiry of 90 days the parties have right to reconcile.

A wife can directly go to arbitration council herself and give notice of talaq. Proceedings of talaq can initiate that way also. If the wife has delegated right of talaq in column 18 of nikah nama then she can get talaq this way easily in 90 days. Otherwise the husband is required to appear in the council himself and give talaq to the wife. If the husband refuses to give talaq to the wife and she doesn't have right in the column 18 of nikah nama then talaq will not happen from the arbitration council. The wife will be required to file a suit for dissolution of marriage on the grounds of khula in the family court in that scenario.

A beauty of family laws in Pakistan is that they allow the jurisdiction to be on the convenience of wife. Wherever the wife moves, she creates jurisdiction for filing suits and getting talaq in the similar manner. Another aspect is that even if a husband pronounces talaq 100 times it is considered as a single talaq under the Pakistani law. The process will be followed that way as if one talaq is given to the wife.

Why wealth tax and gain tax ended?

Since 1980, the wealth statements of the generals, journalist and the people in close connection with these two started bulging in month if not in days. As the war on Russia proceeded, many of these found it very hard to get in terms with sleazy income tax department. Paying wealth tax at the 2.5 percent was an abhorring thought and that too on the market price. Capital gain tax on property was already abolished. All these two kind of taxes entailed many other frivolities. The source of income for buying the assets was a silly question which was often needed to be sorted out. Our then atomic mafia was not lagging behind in the loud groans and cries against wealth tax. In nineties, the land mafia which also included the sitting and retired generals started feeling the girth of wealth tax. They ranked together with other stake holders. When Musharaf subverted the constitution and overthrew the then balding Sharifs, he took no time to spring into action. He stacked wealth tax with capital gain tax on property and flamed them with abrogation. The master blaster was Mr Malik Riaz, whose piety is even avowed by many a respectable. Our country, called Pakistan lost not only billions of rupees as due taxes but the poor and helpless people were exposed to new power goons known as brokers and developers. In 2001 a new Income Tax Ordinance was enacted and the Income Tax Ordinance, 1979 was abolished. The whole tax structure was rehabbed through curbing the various powers of the department. Huge grants were received from all over the world. The salaries were doubled. It was all done under the banner of cleansing corruption, making system transparent and enhancing the tax revenue by minimizing the direct interaction between tax payers and the department. The heaps of illegal money were manufactured and this process is still going on and on. The housing projects were launched, shamlat bulldozed, revenue officers were made more than servants, as the army officers who were interested in business ventures along with their lineage. This truth can hurt the pride of many but, will remain a glaring fact. This government or Musharaf or Malik Riaz are not only to blamed for looting and the laundering ill gotten money. Sharif brothers can be deemed more criminals in amassing massive wealth with impunity, using their respective governments. They exempted the foreign currency accounts from any probe, and that too of local accounts. That meant that whatever illegal money you got, convert it in FC and deposit it with any foreign currency account. It is legal money and no questions will be asked. The money laundering is still such an easy phenomenon in Pakistan. The foreign remittances were made also immune to any inquiry. It was propagated that this is to facilitate the hard working Pakistanis living abroad. In fact no ordinary Pakistani used the banking channel; firstly it was very expensive as compared to hundi, secondly they were unaware of its efficacy. Thirdly in the normal course, very meager amounts were remitted to support their families on monthly basis. Taxing the poor and sparing the rich needs no Einstein formula to deduce the implications. One can tax poor to make them more beggars and, just pat rich to pile more wealth to already existing heaps. Quoting Javed Choudry’s article “they are all naked in the hamam of Malik Riaz”, do they deserve this, all politicians! Although it is of no use to point out these points to the government who is corrupt and inept, many a hints will be for the young one to understand the present scenario. What a wishful thinking! I reckon.

Doctrine of Stare Decisis and Ratio decidendi

One of the most challenging and daunting concept in the law of precedent or stare decisis is discerning the ratio decidendi. The law of precedent is not difficult to comprehend as it comprises of law; based on the decisions of the courts dilated on the point of law. It is one of the accepted sources of law besides legislation anywhere in the world. Under any constitution including that of Pakistan, the major duty (besides many other numerous engagements) of the courts is to interpret the law. The interpretation of law always settles a question of law based on original legislation, unless the law is contrary to the constitution of the country and is struck down by the courts. The facts of any case are the focal point of any proceedings. The facts itself bespeak whether the question in dispute contains question of fact or question of law. The court’s jurisdiction is also changed in accordance with two situations. The young lawyers often do not understand the importance of the facts. I did not even, at the younger age till I was guided “master the facts by reading it again and again and; which law you will have to apply will automatically come into your mind”. The facts lead to the facts and the law. The question of fact has very limited jurisdiction and will exhaust before High Court, while the question of law can go up to the honourable Supreme Court of Pakistan. This is for the reason that a question of law decided by the High Court and if no appeal is filed against the order to the SC, will become a law. This is also true in case of Tribunals, if they dilate on question of law and no appeal, for any reason is filed in HC. Coming to discerning the ratio, it now looks simple. Any question of law culminating in settling a dispute about a law, by any court of law against which no appeal has been filed or could be filed; it becomes the rule of law as enunciated by the courts. This is also the case when all the appeals are exhausted including SC. The ratio decidendi is the rule of law enunciated by courts. Generally easiest examples are given under the law of contract, in UK. There were numerous cases brought to the courts of UK in which the questions of law arose. As contract is a private law and can entail endless litigation, the UK courts were able to settle many rules which are still followed. The legislatures felt no need to enact new laws in the wake of these decisions: although they could do it under the constitution. The invitation to treat under the law of contract is one of the examples how the ratio can be established by the courts in UK. The contract comprise of five constituents, the offer is the first one. What is an offer was laid down by the courts as against the invitation to offer. Anything displayed in a shop or advertised is not an offer but an invitation to give an offer called invitation to treat. The ruling in case of Dr Mubashir Hassan in the contempt of court case has attained the finality, meaning that the ratio decided is a rule or law now. The government can bring the new contempt of court law in its own right and also change the constitution to fit its nefarious designs. But they will be unable to do so with the retrospective effect!! The law has to be engulfed with mirch and masala, which is the best way to understand it

Concept of Standard of Proof in Law

Many a things at the basic level, when understood make life very easy. The concept of standard of proof is one of them. The different set of proof is required in civil and criminal cases. In Pakistan the law profession is the easiest to qualify but hardest to practice. In countries like UK and America, it is very hard to qualify but easier to practice. But easy to practice, is qualified with the rigorous diligence and continuous professional updates. The hardship an advocate faces in the start of his profession is many folds, in Pakistan. There is no fixed salary, no stipend or reward. There is no coaching at all. I will revert to the ills the young lawyers face on some other occasion but here I will try to elaborate some basic concepts related to practical and academic side of the law practice. In civil cases, we have to prove that the preponderance of evidence is in our favor. On the other hand, in criminal cases the standard of proof is beyond any doubt. Now a day, instead of preponderance of evidence, the balance of probabilities is more often used in civil cases especially in the cases of immigration. The balance of probability is easier to understand than the jaw breaking preponderance. The immigration officer will have to decide every case, for example a visit to UK, on the balance of probabilities. The probability of a person returning back home because of his age, roots, financial position etc when outweigh of the probability to stay in UK, the officer will give the visa. The balance was tilted towards a person returning home. If there are no home ties, no demanding relations and no financial independence, the balance of probability is on the side of not returning back from UK. In the criminal cases, the standard of proof is not on balance but beyond any doubt. This is understandable as one cannot hang a person on the balance of probabilities. The murder with all its propensities will have to be proved so that a person could be punished with the maximum. The doubt in criminal cases is endeavored to be projected just to weaken the standard of proof. The required standard of “beyond any doubt” is to be fulfilled for any punishment under the criminal law. There is hardly any substitute of hard work but the seniors should flex out of their complexes and guide the juniors and, appreciate their talents which are in plenty

Read dissolution of Muslim marriages Act,1939

An Act to consolidate and clarify the provisions of Muslim Law relating to suits for dissolution of marriage by women married under Muslim Law and to remove doubts as to the effectof therenunciation ofIslam by a married woman on her marriage tie.

Whereas it is expedient to consolidate and clarify the provisions of Muslim Law relating to suits for dissolution of marriage by women married under Muslim Law and to remove doubts as to the effect of the renunciation of Islam by a married Muslim woman on her marriage; it is hereby enacted asfollows:

1. Short titleand extent.

(1) This Actmaybe called theDissolution of Muslim MarriagesAct, 1939.

(2) It extends to all the provinces and the Capital of theFederation.

2. Grounds for decree for dissolution of marriage.

A woman married under Muslim Law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely: (i) thatthe whereaboutsof thehusband have not been known for a period offour years;

(ii) that thehusband has neglected or has filed to providefor her maintenance for a period oftwo years;

(ii-A) that the husband has taken an additional wifein contravention of the provisionsof theMuslim FamilyLaws Ordinance, 1961;

(iii) thatthe husband hasbeen sentenced to imprisonment for a period of seven yearsor upwards;

(iv) thatthe husband hasfailed to perform, without reasonable cause, his marital obligationsfor a period ofthreeyears;

(v) thatthe husband wasimpotent at thetime of themarriage and continues to be so;

(vi) that thehusband has been insane for a period oftwo years or is suffering from leprosy or a virulentvenereal disease;

(vii) that she, having been given in marriage by her father or other guardian before she attained the age of sixteen years, repudiated themarriage before attaining the ageof eighteen years:

Provided that themarriage has not been consumated;

(viii)that thehusband treatsher with cruelty, that is to say,

(a) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or

(b) associateswith women ofevil repute ofleads an infamouslife, or

(c) attemptsto force her to lead an immoral life, or

(d) disposesofher propertyor preventsher exercising her legal rights over it, or

(e) obstructs her in the observance of her religious profession or practice, or

(f) if he has more wives than one, does not treat her equitablyin accordance with the injunctions ofthe Quran, (ix) on any other ground which isrecognized as valid for the dissolution of marriages under Muslim Law,

Provided that:

(a) no decree passed on ground (i) shall take effect for a period ofsix monthsfrom the date ofsuch decree, and if the husband appears either in person or through an authorised agent within that period and satisfies the Court he is prepared to perform his conjugal duties the Court shall set aside thesaid decree; and

(b) before passing a decree on ground (v) the Court shall, on application by the husband, make an order requiring thehusband to satisfythe Court within a period ofoneyear from the date ofsuch order that hehas ceased to beimpotent, and ifthe husband so satisfied the Court within such period, no decree shall be passed on the said ground.

3. Noticeto beserved on heirs of thehusband when the husband’s whereaboutsare not known.

In a suit to which clause (i) of section 2 applies:

(a) the names and addresses of the persons who would have been heirs of the husband under Muslim Law if he had died on the date of thefiling ofthe plaintshall be stated in theplaint.

(b) noticeof the suitshall be served on such persons, and

(c) such persons shall have therightto be heard in the suit: Provided that paternal-uncle and brother ofthe husband, if any, shall be cited as party even ifhe or they are not heirs.

4. Effect of conversion to another faith. The renunciation of Islam by a married Muslim woman or her conversion to a faith other than Islam shall not by itself operate to dissolve her marriage:

Provided that after such renunciation, or conversion, the woman shall be entitled to obtain a decree for the dissolution of her marriage on any of the grounds mentioned in section 2;

Provided further that the provisions of this section shall not apply to a woman converted to Islam from some other faith who re-embracesher former faith.

5. Right to dower not be affected. Nothing contained in this Act shall affect any right which a married woman may have under Muslim law to her dower or any part thereof on the dissolution ofher marriage

6. (Repeal of section 5 of Act, XXVI of 1937) Rep. bythe Repealing and Amending Act, 1942 (XXV of1942), section 2 and First Sch.

Read Muslim Family Law Ordinance, 1961

An Ordinanceto give effect to certain recommendations ofthe commission on marriage and Family Laws. Whereas it isexpedientto give effect to certain recommendation of thecommission on Marriage and FamilyLaws. Now, therefore in pursuance of theproclamation of the seventh day of October 1958, and in exerciseof all powers enabling him in this behalf, thePresident is pleased to make and promulgate the following Ordinance:-

1. Short title, extent, application and commencement

(1) This Ordinance maybe called theMuslim Family Laws Ordinance, 1961.

(2) It extends to whole ofPakistan, and applies to all Muslim citizensof Pakistan, wherever theymay be.

(3) It shall come into force on such date asthe Federal Government may, by notification in the official Gazette, appointin this behalf.

2. Definition

(a) “Arbitration Council” meansa body consisting ofthe Chairman and a representative of each ofthe parties to a matter dealt with this Ordinance: Provided that where anyparty fails to nominate a representativewithin the prescribed time, thebody formed withoutsuch representative shall bethe Arbitration Council. (b) “Chairman” means the Chairman ofthe Union Council or aperson appointed by the Federal Government in theCantonment areas or by theProvincial Government in other areas or byan Officer authorised in that behalfbyanysuch Government to dischargethe functionsofchairman under Ordinance: Provided that wherethe Chairman ofthe Union Council is a non-Muslim, or hehimself wishes to make an application to the Arbitration Council, or is, owing to illness or anyother reason, unable to discharge the functions ofChairman, the Council shall electoneof its Muslim members as Chairman for thepurposes of this Ordinance. (c) “Prescribed” means prescribed byrules madeunder Sch. II. (d) “Union Council” means the Union Council or the Town or Union Committee constituted under the BasicDemocracies Order, 1959 and having jurisdiction in thematter asprescribed. (e) “Ward” means a ward within a Union or Town as defined in the aforesaid Order.

3. Ordinance to override other laws, etc.

(1) The provisions ofthisOrdinance shall haveeffect notwithstanding any law, custom or usage, and theregistration of Muslim marriagesshall take place only in accordance with these provisions.

(2) For the removal of doubt, it is hereby declared that theprovisions of theArbitration Act, 1940 (Xof 1940), the Code ofCivil Procedure 1908 (Act Vof 1908), and anyother law regulating the procedure ofCourtsshall notapplyto anyArbitration Council. 4. Succession. In the event ofdeath ofany son or daughter ofthe propositus beforethe opening of succession, the children of such son or daughter, ifany, living atthe time the succession opens, shall per stripes, receive a share equivalent to the share which such son or daughter, asthe case maybe, would havereceived ifalive. 5. Registration ofmarriage. (1) Everymarriage solemnized under Muslim Law shall be registered in accordancewith theprovisions of this Ordinance.

(2) For the purpose ofregistration of marriageunderthis Ordinance, the Union Council shall grantlicenses to oneor more persons, to becalled Nikah Registrars, butin no caseshall more than on Nikah Registrar belicensed for any one Ward.

(3) Everymarriage not solemnized by the Nikah Registrar shall, for thepurpose of registration under this Ordinancebe reported to him bythe person who has solemnized such marriage.

(4). Whoever contravenes the provisions ofsuch-section (3) shall be punishable with simple imprisonment for a term which may extent to threemonths, or with fine which may extend to one thousand rupees, or with both.

(5). Theform of nikahnama, the registers to be maintained by Nikah Registrars, the recordsto be preserved byUnion Councils, the manner in which marriage shall be registered and copies ofnikhanama shall be supplied to parties, and thefees to becharged thereof, shall be such asmaybe prescribed.

(6) Any person may, on paymentof theprescribed fee, ifany, inspectatthe office ofthe Union Council the record preserved under sub-section (5), or obtain a copyofanyentrytherein.

6. Polygamy. (1) No man, during the subsistenceof an existing marriage, shall exceptwith theprevious permission in writing ofthe Arbitration Council, contractanother marriage, nor shall any such marriage contracted withoutsuch permission be registered under this Ordinance.

(2) An application for permission under Sub-section (1) shall be submitted to theChairman in the prescribed manner together with the prescribed fee, and shall state reasons for the proposed marriage, and whether the consentof existing wife or wives has been obtained thereto.

(3) On receiptof the application under Sub-section (3), Chairman shall ask theapplicantand his existing wife or wives each to nominate a representative, and the Arbitration Council so constituted may, if satisfied thatthe proposed marriageis necessaryand just, grant, subject to such condition ifany, as may be deemed fit, the permission applied for.

(4) In deciding the application theArbitration Council shall record its reasons for the decision and anyparty may, in the prescribed manner, within the prescribed period, and on payment ofthe prescribed fee, preferan application for revision, to the Collector concerned and hisdecision shall be final and shall not be called in question in anyCourt.

(5) Any man who contracts another marriage withoutthe permission ofthe Arbitration Council shall,

(a) pay immediatelythe entire amount of thedower whether prompt or deferred, dueto theexisting wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue; and

(b) on conviction upon complaint be punishable with the simpleimprisonmentwhich mayextend to one year, or with fine which mayextend to fivethousand rupees, or with both.

7. Talaq. (1) Any man who wishes to divorcehiswife shall, as soon as may beafter the pronouncementof talaq in any form whatsoever, givethe chairman a notice in writing of his having doneso, and shall supplya copythereofto thewife.

(2) Whoever, contravenesthe provisionsofsub-section (1) shall be punishable with simple imprisonment for a term which may extend to oneyear, or with finewhich mayextend to fivethousand rupees, or with both.

(3) Save as provided in sub-section (5) talaq, unless revoked earlier, expressly or otherwise, shall not be effectiveuntil the expiration of ninety daysfrom day on which notice under sub-section (1) isdelivered to theChairman.

(4) Within thirty daysof thereceiptof notice under Sub-section (1), theChairman shall constitute an Arbitration Council for the purpose of bringing about a reconciliation between the parties, and the Arbitration Council shall takeall stepsnecessary to bring about such reconciliation.

(5) If thewife bepregnant atthe time talaq is pronounced, talaq shall notbe effective until the period mentioned in Sub-section (3) or the pregnancy, whichever later, ends.

(6) Nothing shall debar a wife whose marriage has been terminated bytalaq effective under his section from remarrying the same husband, without an intervening marriage with a third person, unless such termination isfor the third time so effective.

8. Dissolution of marriage otherwisethan bytalaq. Wherethe right to divorce has been dulydelegated to the wifeand shewishesto exercisethat right, or where any of theparties to a marriage wishes to dissolvesthe marriage otherwise than by talaq the provisionsof section 7 shall, mutatismutandis and so far as applicable, apply.

9. Maintenance. (1) If anyhusband failsto maintain hiswife adequately, or wherethere aremore wives than one, fails to maintain them equitably, the wife, or all or any ofthe wives, may in addition to seeking anyother legal remedyavailable applyto theChairman who shall constitute an Arbitration Council to determinethe matter, and the Arbitration Council mayissue a certificate specifying theamount which shall be paid as maintenance by the husband.

(2) A husband or wifemay, in theprescribed manner, within theprescribed period, and on payment of the prescribed fee, prefer an application for revision of the certificate, to the Collector concerned and hisdecision shall be final and shall not becalled in question in anyCourt.

(3) Any amount payableunder Sub-section (1) or, (2) if, notpaid in theduetime, shall be recoverable as arrearsof land revenue. PUNJAB AMENDMENT In sub-section (2), the full-stop occurring at the end shall be replaced bya colon and thereafter thefollowing proviso shall be added, namely:

Provided that theCommissioner ofa Division may, on an application made in thisbehalf and for reasons to be recorded, transfer an application for revision ofthe certificate from a Collector to any other Collector, or to a Director, Local Government, or to an Additional Commissioner in hisDivision. [Ord. II of 1975, Section 2].

10. Dower. Whereno detailsabout themode ofpayment ofdower are specified in the nikahnama or the marriagecontract, the entire amount of thedower shall be presumed to be payable on demand.

11. Power to make rules. (1) The Government may make rulesto carry into effect the purposes ofthisOrdinance.

(2) In making rules under this section, such Government, may providethata breach of any of therules shall bepunishablewith simple imprisonment which may extend to one month, or with finewhich mayextentto two hundred rupees, or with both.

(3) Rules madeunder this section shall bepublished in the official Gazetteand shall thereupon have effect asifenacted in this Ordinance.

12. Amendment of child marriage restraint act, 1929 (xixof 1929). Omitted by Ord. 27 of 1981.

13. Amendment of the dissolution of muslim marriagesact, 1939 (viii of1939). Omitted byOrd. 27 of1981.

Rights of women in Pakistan

Pakistani law system has blend of Islamic law as well as British Common law. Men and women have equal rights in both systems to a great extent. The beauty of Pakistani law system is that it has separate personal laws for people belonging to different religions. For example Christians have their own laws, Hindus have their own and muslims have their own. For example divorce

As far as Constitution of Islamic Republic of Pakistan, 1973 is concerned, it has given equal rights to women as well as special quota to women in some of its articles. The most important article of the constitution in this regard is Article 25. It has the following words "There shall be no discrimination on the basis of sex" mentioned in its clause 2. Similarly these works are mentioned in Article 26 of Constitution "Nothing in clause (1) shall prevent the State from making any special provision for women and children". Article 32 and 34 are reproduced as under.

32. Promotion of local Government institutions. The State shall encourage local Government institutions composed of elected representatives of the areas concerned and in such institutions special representation will be given to peasants, workers and women.

34. Full participation of women in national life. Steps shall be taken to ensure full participation of women in all spheres of national life.

Similarly there are many other articles in constitution giving various rights to woman that are making them in fact superior to men. Apart from constitution of Pakistan there are various enactments that empower women to have special rights in Pakistan. These rights can be exercised by invoking the powers of relevant courts.

For example one of the most important enactments in Pakistan is Dissolution of Muslim Marriages Act 1939. You can read the complete statute at my blog on this link http://salmankhangolra.blogspot.com/2012/06/read-dissolution-of-muslim-marriages.html

The most important section empowering women to claim khula in this act is section 2. A woman can get khula if her husband refuses to give her talaq on the grounds mentioned in the same section.

Another important enactment is Muslim Family Law Ordinance, 1961. You can read it on this link.. http://salmankhangolra.blogspot.com/2012/06/read-muslim-family-laws-ordinance-1961.html

Various sections of MFLA, 1961 have been challenged in Federal Shariat Court in recent decades. For example section 6 of this ordinance almost restricts a man to practice polygamy in its original spirit. On the other hand there is no compulsion on men of taking permission from first wife in Shariah law for marrying another woman. Similarly the nikah nama in Pakistan has an important column no. 18 that gives women right to take divorce from husband even if he is not willing to give. When women take that right, it is considered as an irrevocable delegated power of talaq given to wife from Husband. However practice is that we cut that column in order to make the talaq procedure difficult for women.

One of the most important rights of women in Shariah law is Haq Mehr.. A woman can demand any amount of haq mehr from her husband at the time of Nikah. In the times of Caliph Umar muslim men started marrying jew and christian women as they were unable to pay the mehr amounts of muslim women. On that Caliph was worried and he invited people of madina to Masjid-e-Nabwi in order to fix haq mehr of women so that muslim men easily get a chance to marry muslim women. A woman shouted "Who is Umar to determine the amount of haq mehr when God has given us discretion to determine it ourselves". On that haq mehr amount was never fixed and women can claim any amount even today..

In the nikah nama haq mehr can be mojal(paid) or ghair mojal(to be paid later). A girl can demand any amount of haq mehr. However in practice this amount is determined by the elders and paid by the father of groom in Pakistan. Another important right which women have in Pakistan is of maintenance. They can claim maintenance from the day of nikah till the last day of iddat after divorce. A man has to give it otherwise he can be sent to jail. Similarly a man is liable to maintain his children along with wife. If the children are in custody of women then they can claim the amount of maintenance for children also.

When it comes to child custody, a woman has eligibility to keep the male child under the age of 7 years and in case of female child she remains with mother till she turns an adult. A woman loses her right of child custody if she is of immoral character or if she marries another man. These principles are according to the shariah law and they are enforceable in Pakistan.

When it comes to inheritance law.. Islamic law of inheritance is enforced in Pakistan. The book that is considered authority in this regard is "Muhammadan Law" by Mullah (An Indian Writer). According to Islamic law of inheritance a woman has her share in the inheritance of father, son, husband and brother in some cases. For example if a man dies and he has no children, 1/6th of his property will be inherited by his mother and father, 1/4th of his property will be inherited by his wife and remaining will be distributed among his brothers and sisters by the ratio of 2:1. Similarly scenario changes in case of children..

Eligible family members of a Government Servant can have house alloted in their name

IN THE SUPREME COURT OF PAKISTAN (Appellate Jurisdiction) PRESENT: Mr. Justice Iftikhar Muhammad Chaudhry, HCJ Mr. Justice Khilji Arif Hussain Mr. Justice Tariq Parvez Civil Petition No.1498 of 2011 Against order dated 04.07.2011 of Islamabad High Court, Islamabad, passed in C.M.No.140 of 2011 in W.P.No.2248 of 2009. Muhammad Afsar Petitioner(s) VERSUS Malik Muhammad Farooq Respondent(s) For the Petitioner(s) : In person. For Respondent No.1 : Syed Arshad Hussain Shah, ASC For Respondents No.2-3 : Mr. Dil Muhammad Alizai, DAG Mr. M. S. Khattak, AOR Mr. Kamran Lashari, Secretary, M/o Housing & Works Mr. Asim Ayub, Estate Officer, Qaisar Mehmood, JEO Date of Hearing : 19.10.2011 ORDER Khilji Arif Hussain, J-. Through this petition, filed under Article 185(3) of the Constitution of the Islamic Republic of Pakistan, 1973, the petitioner seeks leave to appeal against order dated 04.07.2011, passed by Islamabad High Court, Islamabad, vide which Civil Miscellaneous Application (C.M.No.140 of 2011 in Writ Petition No.2248 of 2009), filed by respondent No.1, under Section 12(2) of Civil Procedure Code, 1908, was allowed and the judgment dated 16.03.2011 in Writ Petition Nos. 2248 of 2009 was recalled. 2. Brief facts to decide the listed petition are that the petitioner alleged in his petition that he was allotted the House No. 609-D, Street No.24, Sector G-6/4, Islamabad (hereinafter referred to as “the house in question) vide allotment order dated 23.01.2008. The petitioner first filed suit in Civil Court, Islamabad, with the prayer that the house in question may not be allotted to any one else and in consequence thereof an order was passed in favour of the petitioner to the effect the house in question may not be allotted to any one else. The petitioner in his petition alleged that some unauthorized persons are living in the house in question, without lawful allotment in their favour, which is in violation of the law and as such sought directions to the official respondents to hand over the vacant possession of the house in question after dispossessing the illegal occupants. The learned High Court, vide judgment dated 16.03.2010 after calling parawise comments directed the respondents to arrange vacant possession of the house in question in favour of the petitioner within 10 days from the date of order, with the condition that the petitioner will place on record proof that he has handed over house bearing Quarter No.450-B, G-6/1-1 to the respondents.

3. The petitioner managed allotment order of the said house in favour of his brother and sought possession of the house in question. 4. The respondent No.1 on having information about the order passed by the High Court filed an application under Section 12(2)CPC alleging that his father was allotted the said house and on his retirement from Government service on 14.10.2007 the respondent No.1 who has all along been living with his father in the house in question, being eligible, applied for the allotment under Rule 15(2) of the Accommodation Allocation Rules, 2002 well before the retirement of his father, which entitles the eligible spouses and children of the Government servants to the allotment of government accommodation which had been allotted to and was in occupation of a retired government servant at the time of his retirement. The Ministry of Housing & Works, Islamabad, issued allotment order dated 12.02.2010, in favour of the respondent No.1 allotting the house in question, which was earlier allotted to the petitioner in supersession of all previous orders. 5. The High Court after hearing the parties accepted the application under section 12(2), CPC and restored Writ Petition No.2248 of 2009 to its original number directing the petitioner to amend the petition by joining the respondent No.1 as respondent No.3. and fixed the same alongwith C.P. No. 2622 of 2010. Hence, this petition for grant of leave to appeal. 6. We have called the Secretary, Housing & Works as well as the Estate Officer to apprise the Court not only about the proceedings pending in various Courts, but also to explain the criteria on the basis of which they have allotted government accommodations, in their possession, to eligible government employees. We have also called a report from the learned District Judge, Islamabad, qua the cases pending, pertaining to the Estate Office, in various Courts. 7. As regards the cases pending in various Courts against the Estate Office, we have noted that delay in conclusion of the same mostly caused owing to non serious attitude of the officials of Estate Office and accordingly we directed that a mechanism should be adopted by the Estate Office to pursue the matters before the Courts of law and some responsible officers/officials should be deputed to check the progress fortnightly in order to avoid any mala fide on the part of the officers/officials of the Estate Office to delay the matters so as to favour the persons of their choice. 8. We have surprised to note that all the allotments till date made by the Estate office are not on the basis of first come first get, as per the General Waiting List maintained by them under Rule 6 of the Accommodation Allocation Rules, 2002 but on the basis of some extraneous consideration orders were passed by the high-ups without assigning any reason in favour of the employees of their own choice. 9. The Courts are duty bound to uphold the constitutional mandate and to keep up the salutary principles of rule of law. In order to uphold such principles, it has been stated time and again by the superior Courts that all acts should be done by the public functionaries in a transparent manner after applying judicious mind and after fulfilling all requirements. The public functionaries are supposed to adhere to the principle of transparency in the performance of their duties and are not bound to carry out/implement any order which is not in accordance with law and they are only obliged to carry out the lawful orders of their superiors and if they are being pressurized to implement an illegal order, they should put on record their dissenting notes. But unfortunately, the officers in the Estate Office not only implemented the illegal orders but apparently acted for their own personal benefits/gain. 10. As regards the petitioner he managed allotment in his favour, under the order of Federal Minister for Housing & Works who without assigning any reason by a non speaking order directed for the allotment of the house in question in favour of the petitioner. 11. Rule 29A of the Accommodation Allocation Rules, 2002 empowers the Federal Government to relax any rule governing allotment of accommodation to eligible Federal Government Servants in public interest for deserving and hardship cases and on compassionate grounds for reasons to be recorded in writing for such relaxation. 12. From a bare reading of Rule 29A of the Accommodation Allocation Rules, 2002, it appears that while exercising the powers under said rule, the Federal Government has to record justifiable reasons in writing for relaxation of the rules. Rule 6 of Rules 2002 mandate that the applications for the allotment of government accommodations when received from the applicants shall be acknowledged by the Estate Office by issuing Registration Cards and the Estate Office shall maintain a General Waiting List of the employees, who have applied for the allotment of government accommodations on the prescribed form and the employees who applied first are entitled for the allotment of government accommodations first as and when the same are made available. 13. The right accrued to an employee in General Waiting List maintained by the Estate Office under Rule 6 of the Accommodation Allocation Rules, 2002 cannot be taken away by the Federal Government on its own sweet will just because they have been empowered to relax the rules under Rule 29A of the Accommodation Allocation Rules, 2002. The denial of right of accommodation to employees under Rule 6 of the Accommodation Allocation Rules, 2002, is denial of fundamental right of life, which includes to have shelter/house as guaranteed under Article 9 of the Constitution. On reading rule 29A of the Accommodation Allocation Rules, 2002 alongwith Rule 6 of the Accommodation Allocation Rules, 2002, it appears that only in very exceptional circumstances the relaxation can be granted to accommodate a deserving government employee in public interest but for that too a justifiable reason has to be recorded by the concerned authority which is lacking in the present case. However, we would not like to dilate upon this matter, in detail, as the petition filed by the petitioner is still sub-judice before the Court of competent jurisdiction. 14. As regards respondent No.1, he sought allotment under Rule 15(2) of the Accommodation Allocation Rules, 2002, being in possession of the house in question, which was previously allotted to his father, who stood retired on 14.10.2007 from government service. Despite repeated queries made by us, the respondent No.1 has been failed to point out any rule under which an allotment order can be issued with retrospective effect and the officials/officers appeared on behalf of the Estate Office have frankly conceded that there is no such rule under which an allotment order can be given a retrospective effect. 15. We have called for a report from the Estate Office to know that how many applications are pending on General Waiting List under Rule 6 of the Accommodation Allocation Rules, 2002. From a perusal thereof, it appears that thousands of employees are waiting for allotment of government accommodations for the last many many years and some of the applications pertain to the years 1977-78, and the official respondents have failed to give any reason as to why they have not been allotted government accommodations as and when made available. The official respondents have admitted that till date no allotment has been made on merits, on the basis of General Waiting List maintained by them under Rule 6 of the Accommodation Allocation Rules, 2002. In the circumstance, while dismissing the instant petition, we direct the authorities concerned as under:-i. that in future all the allotments will be made strictly on merits on the basis of General Waiting List; and ii. Relaxation of rules under Rule 29A of the Accommodation Allocation Rules, 2002 will not be often exercised, except in the cases of hardship and that too by recording justifiable reasons for the same, after hearing the likely affected employees in the General Waiting List.

Question related with co-ownership

Q. Is it possible that some one purchases a residential plot registered in his name and constructs house on it having ground + 2 Floors and then got registered first & 2nd floor houses in the name of his two brothers? Pakistan | Real Estate and Real Property 6/13/12, 10:54 pm

Answer. It is not allowed in most of the cases especially where the subject matter is an urban property.. However you should check the local rules of area in which the house is located. I heard that is allowed in some areas of karachi and lahore...

Another thing is possible that the land of the house can be jointly owned by different brothers and they can enter into a subsequent agreement for the distribution of their shares portion wise. However whenever one of the brothers will have grievance against the others he can get the whole property auctioned from the court of law because it is a single structured house in its original sense.. Further right of selling is also questionable in that kind of property.

When a wife can file maintenance suit?

Q. If wife has left her husband home due to non privacy of her bedroom and living with her mother home along with her one son who is on mother fed, can she claim for maintenance of child and for herself?

Ans. Yes she can file a suit for maintenance for herself as well as for her child. She will easily get a decree in her favor from the court of law.. In result the husband will be liable to maintain both. For more do consult me at legal-experts@live.com

Another great aspect is that the husband has almost no chance of getting the custody of child as its in the tender age. It is a good way to make the husband agree on the demands of wife.. Family laws in Pakistan are pro-women and this case is a perfect example of that.

Reported case on partition by Lahore high court

Form No. HCJDC/-121 ORDER SHEET IN THE LAHORE HIGH COURT, RAWALPINDI BENCH JUDICIAL DEPARTMENT. C.R No. 337-D-2012. Karam Elahi versus Mst. Zaitoon Bibi etc. S.No. of order/ Proceeding Date of order/ Proceeding Order with signatures of Judge, and that of parties or counsel, where necessary. 23.04.2012 Mr. Khalid Mahmood Shahzaib Awan, Advocate learned counsel for the petitioner. The petitioner has assailed the vires of judgment and decree dated 15.03.2012 passed by the learned ADJ, Attock, whereby an appeal filed by him against the final judgment and decree for partition dated 29.03.2011 passed by the learned Civil Judge, Attock, was dismissed. 2. The facts in brief as emerge on perusal of the record are that respondents No.1 and 2 filed a suit for partition of the property fully described in the head-note of the plaint. The preliminary decree was passed on 13.10.2010. Thereafter, Irfan Ullah Malik, Advocate, Attock was appointed as local commission before whom the parties entered into a compromise and on the basis of his report, the final judgment and decree were passed.The petitioner assailed the final judgment and decree before the learned District Court but his appeal was dismissed. It is urged that the learned local commission had not performed his duties in accordance with order dated 13.10.2010 of the learned trial court and had wrongly recorded the so called compromise between the parties; C.R No.337-D-12 2 that the petitioner had not given any consent and infact if the judgment of the learned trial court is acted upon, the house of the petitioner would be demolished; that the disputed property has already been partitioned between 1965-70 and the judgments of both the courts below are not sustainable and that the inquiry should have been conducted as to whether the petitioner had infact made the statement about the mode of partition proposed in the report of local commission. 3. The contention that the property had already been partitioned and as such the impugned judgments & decrees are not sustainable, cannot be agitated in view of the fact that the petitioner had not assailed the preliminary decree. If the party to the suit for partition does not assail the preliminary decree then he cannot contend that the property was not divisible or the shares as determined in the preliminary decrees were not correct or the private partition had already taken place in view of the provisions of section 97 CPC. The next contention raised to the effect that the petitioner had not given consent before the local commission about the proposed partition is also against the record. The petitioner had not agitated at any stage that he was not present at the time of the proceedings conducted by the local commission. He had agreed to the proposed partition where-under 07-feet wide passage from the Havali of petitioner and others to the plot of the plaintiffs/respondents No.1 & 2 would be given and in lieu thereof the plaintiffs/respondents No.1 & C.R No.337-D-12 3 2 would give 07-feet wide passage from the Northern side of their plot to the Western corner of the plot of the petitioner. All the parties in attendance including the petitioner had put their signatures or thumb impressions. The petitioner and others had agreed to give passage in exchange of the passage. This mode was not assailed by any one except the petitioner. The parties are litigating against each other for the last 16 years. The mode of partition, as approved by the learned trial court and upheld by the learned appellate court is equitable. For the above mentioned reasons, the concurrent findings recorded by two courts of competent jurisdiction do not call for any interference in exercise of revisional jurisdiction. The petition is without merits and the same is hereby dismissed in limine. (RAUF AHMAD SHEIKH) JUDGE Approved for reporting. Judge Tariq C.R No.337

Permission requirement of a Telecom company for placing tower over an appartment

Query. I bought the Apartment at 4th / Top Floor on the foundation Authorized Purchase Title which is registered with sub-registrar at Karachi. That is, it was not on the foundation allowance. Now please recommend whether Personal Apartment's Well being Organization would need my approval for putting Cellular structure at ceiling of my flat?

That relies upon if the right of possession of roof of house described in the sale deed then no one can position any structure over your ceiling top without your authorization. Also do study the guidelines of Personal Apartment Well being Organization. Also please examine what occurred in situations of identical homes designed by this house program. What type of agreements they have done with the house entrepreneurs. As far as i comprehend, residential homes welfare association is a personal association that usually don't take authorization from house entrepreneurs while doing such factors. You can take remain purchase against them from the judge of law. Along with that you will computer file a fit for announcement to the level of your possession of the top floor of the house developing. In that very fit you can get a approval decree from the judge in which they will end up providing you possession of the ceiling top also..

In that way you will become proprietor of the top floor and nothing will be placed over the roof without your authorization. It is in regular conditions unlawful for any house program to position a telecommunications structure over the developing without the authorization of all the citizens in it. The purpose is that there are harmful rays that emerge from the telecommunications systems. These light are extremely dangerous for the wellness of individuals residing in the area where a telecommunications structure is placed. That is the same purpose a telecommunications structure is usually placed at professional places or in places away from inhabitants. That can be a powerful ground that can help you in getting remain purchase from the judge of law against the Organization Having the whole house program.

Second Appeal in Haq Shufa Case

JUDGMENT SHEET LAHORE HIGH COURT, LAHORE JUDICIAL DEPARTMENT RSA No.182/2011 (Lehrasib Khan vs. Umeed Ali etc.) JUDGMENT Date of Hearing: 05.03.2012 Appellant by: Ch. M. Lehrasib Khan Gondal, Advocate. Respondents by: Sh. Naveed Shehryar, Advocate.

CH. SHAHID SAEED, J:- This Regular Second Appeal has been instituted against judgment and decree dated 26.09.2011 passed by learned Additional District Judge, Mandi Baha-ud-din who dismissed the appeal of the appellant and maintained the judgment and decree dated 12.03.2011 passed by learned Civil Judge, Mandi Baha-ud-din whereby she decreed the suit filed by respondents for possession through pre-emption. 2. Briefly stated the facts leading to the filing of the instant appeal are that the respondents filed a suit for possession through pre-emption with the averments that the land, fully described in the plaint, was owned by one Iftikhar Ali s/o Noor Hussain to the appellant against consideration of Rs.12,00,000/- but to defeat the right of pre-emption, fictitious sale price of Rs.20,00,000/- was shown in the registered sale deed. On 30.06.2008 at about 6:00 p.m. in the house of Ammar Abbas alias Ali Raza, one Mubarak Ali informed the respondents in presence of Muhammad Sajjad that the land in dispute hand been sold out to the appellant. The respondents-RSA No.182/2011 2 plaintiffs immediately announced that they have the superior right to pre-empt the sale on the basis of Shafi Sharik, Shafi Khaleet and Shafi Jar and will exercise their right of pre-emption. On 10.07.2008, notice talb-i-ishhad was sent through registered post AD but the appellant did not accede to their demand. 3. Keeping in view divergent pleadings of the parties, the learned trial court framed as many as eight issues including that of relief. After having recorded oral as well as documentary evidence adduced by the parties, the learned trial court decreed the suit vide judgment and decree dated 12.03.2011. The appeal preferred thereagainst by the appellant was dismissed by learned Additional District Judge, Mandi Baha-ud-Din vide judgment and decree dated 26.09.2011. Hence this RSA. 4. Learned counsel for the appellant has emphasized more on the point that under section 30(a) of Punjab Pre-emption Act, 1991, the limitation starts from registration of sale deed which was got registered on 27.10.2008 and not prior to that but as per version of the respondents-plaintiffs, they on receiving information about the sale on 30.06.2008 performed talb-i-mawathibat immediately, sent notice talb-i-ishhad on 10.07.2008 and filed the instant suit on 25.10.2008. As per learned counsel for the appellant, since all the activities purported to have been done by the plaintiffs are prior to registration of sale deed when no cause of action had in fact accrued to them, as such, the suit being premature was not maintainable and liable to be dismissed. Learned counsel further submits that the RSA No.182/2011 3 learned courts below have ignored this as well as other legal aspects of the case which resulted into miscarriage of justice. He prays that the instant RSA be allowed, the impugned judgments and decrees be set aside and the suit of the respondents be dismissed. 5. On the other hand, learned counsel for the respondents vigorously opposes this Regular Second Appeal. He argues that a registered document shall operate from the time from which the same would have commenced to operate if no registration thereof had been required or made, and not from the time of its registration. He further argues that since possession of the suit property had been delivered to the appellant before 30.06.2008, therefore, the talbs performed and suit instituted before registration of the sale deed are valid and in accordance with law. He avers that the instant RSA being without any substance merits dismissal. 6. I have heard the arguments advanced by learned counsel for the parties and also perused the perused. 7. The only point put before this Court for decision by both sides is whether talbs can be performed and a pre-emption suit can be filed before registration of sale deed or not. 8. On 30.06.2008 at 06.00 p.m., the informer Mubarak Ali informed the respondents-plaintiffs that the suit property had been sold out to the appellant by Iftikhar. The respondents-plaintiffs at once announced to exercise their right of pre-emption. On 10.07.2008, they sent notice talb-i-ishhad to the appellant conveying their intention to purchase the demised land. PW-2 Umeed Ali, RSA No.182/2011 4 PW-3 Muhammad Sajjad, PW-4 Ammar Abbas and PW-5 Mubarak Ali (informer) appeared before the court and reiterated the contents given in the plaint regarding attainment of knowledge and performance of talbs. Despite lengthy cross-examination, the appellant side has failed to put any dent in their evidence. PW-1 Rizwan Abbas (Postman) also appeared before the court and deposed that he went to deliver notice talb-i-ishhad to the appellant who refused to receive the same. On the other hand, the appellant has not disputed the fact that the notice talb-i-ishhad was sent to him on 10.07.2008. After perusing the record, I am of the considered view that talb-i-mawathibat and talb-i-ishhad were performed in accordance with law. 9. The plea taken by the appellant before this Court is that since the sale deed was registered with the Sub-Registrar Mandi Baha-ud-din on 27.10.2008, as such, the talbs performed prior to registration of the sale deed are of no consequence and the suit being premature was liable to be dismissed. His more stress is on section 30(a) of the Punjab Pre-emption Act, 1991 which provides that the period of limitation for a suit to enforce a right of pre-emption shall be four months from the date of the registration of the sale deed. 10. It is evident from registered sale deed Exh. P-6 that the stamp papers were purchased on 28.06.2008 and the statements of the parties were recorded therein through a local commission on the same day, i.e. 28.06.2008 to the effect that the vendor has received the consideration amount and also delivered the possession of the RSA No.182/2011 5 property which means that the sale has taken place on 28.06.2008 when the vendor after having received the consideration amount delivered the possession of the property to the appellant-vendee, however, they, in order to defeat the right of pre-emption, did not get registered the sale deed till 27.10.2008. In the circumstances of the case, limitation will start from the date when the appellant being vendee has obtained physical possession of the property and the limitation will not wait to start from date when the document is registered. Under section 13 of the Punjab Pre-emption Act, it has unambiguously stated that the pre-emptor has to act forthwith and not to wait even for a moment while making immediate demand after attaining knowledge of the sale to which he wishes to pre-empt and also take further steps within the prescribed time limit. If the pre-emptor had waited for registration of sale deed after attaining knowledge of the sale having taken place on 28.06.2010, he could not prove that the immediate demand had been made by him as required under section 13 of the Punjab Pre-emption Act, 1991 and would definitely have lost his case on this score alone. I am of the considered view that talbs, after gaining knowledge, can be performed in accordance with law after the sale has in fact taken place by way of having received the consideration money and delivered possession of the property even if the sale deed has not been registered at that time. So, the talbs performed by the plaintiffs before registration of sale deed fulfill the requirements of Section 13 of Punjab Pre-emption Act, 1991 as the registered document shall RSA No.182/2011 6 operate from the time from which the same would have commenced to operate if no registration thereof had been required or made and not from the time of its registration. The cause of action accrued to the respondents-plaintiffs when their right was infringed by signing of document by vendor and the vendees. If an agreement is executed but not got registered for a long time, it does not mean that the person aggrieved by such transaction will be deprived to agitate his right, whatsoever, provided by law. Specifically, date, time and place are crucial in pre-emption suit and under section 13 of Punjab Pre-emption Act, a jumping demand is required for performance of talb-i-mawathibat and if a pre-emptor does not disclose his intention of exercising his pre-emptive right after attaining knowledge of the sale he is going to pre-empt, he would be ousted as having not fulfilled the requirement of immediate demand as mentioned in Section 13 of the Act ibid. Reliance is placed on the dictums laid down by the Hon’ble Apex Court in case Fazal Karim through Legal Heirs and others vs. Muhammad Afzal through Legal Heirs and others (PLD 2003 SC 818). 11. Furthermore, there are concurrent findings of law and fact against the appellant which cannot be interfered with until and unless there is some illegality, irregularity, misreading or non-reading of evidence has been committed by learned courts below. No interference is called for. 12. The epitome of whole discussion is that after attaining knowledge of having sold out the property in dispute, the plaintiffs RSA No.182/2011 7 were required to act promptly as provided in Section 13 of the Punjab Pre-emption Act and perform talbs accordingly which has rightly been done by the plaintiffs as there was no need to wait for registration of the document which commenced to operate from the time from which the same would have commenced to operate if no registration thereof had been required or made, i.e. 28.06.2010. Resultantly, the instant RSA is devoid of any force, hence dismissed. (Ch. Shahid Saeed) Judge

Article 199 and Article 35 of constitution invoked

Citation Name : 2010 PLD 10 PESHAWAR-HIGH-COURT-NWFP Side Appellant : WAQAR AHMAD Side Opponent : NOMINA AKHTAR

S. 5, Sched. & S. 14---Constitution of Pakistan (1973), Arts.199 & 35---Constitutional petition---Suit for recovery of dower amount and maintenance allowance---Legitimacy of child ---Determination of---Suit for recovery of dower amount as well as maintenance allowance for "Iddat" period of plaintiff and maintenance of male child having concurrently been decreed by the Family Court and Appellate Court, defendant had filed constitutional petition against said concurrent judgments and decrees of the courts below---Parties were married as was evident from the "Nikah Nama" and that fact was admitted by the parties---Defendant, however, disowned the child born during existence of marriage and declared said child as illegitimate ; alleging that he was born premature i.e. six months after marriage---Excepting the ultrasound test report, which too was not proved at the trial, defendant had led no evidence of any legal worth to be relied upon, despite having ample opportunity---Under Islamic Law, the legitimacy of a child would be presumed if he was born within the period of 180 days i.e. six months and the maximum period so fixed was two years---No child , in circumstances, could be stigmatized as illegitimate , simply for the reason that he was delivered premature i.e. in six months or with unusual delay of two years---Under Art.35 of the Constitution it was ordained that the State would protect the marriage, the family, the mother and the child ---Intention and object of the framers of the Constitution, while inserting Art.35 was to protect the child from all types of hostile forces, so that it was ensured that he was brought up in a conducive and favourable social environments; and more particularly to become a viable citizen with honour and grace---Judiciary being the essential constitutional organ of the State, it was required to place meaningful interpretation on the said provision of the Constitution, so that the We, the liberty and dignity of the child was preserved and was fully guaranteed---Any child who was stigmatized, declaring him as illegitimate without legal proof, would be the worst degree of injustice to him as in that case the rest of life he had to spend almost in hell---If procreation of illegitimate child ren was a nasty social evil, declaring a legitimate child as illegitimate was the worst type of social evil which mischief must be suppressed by the court of law---Held, child was legitimate one and courts below had rightly held that defendant was bound to maintain the child under the law---Impugned judgments and decrees were maintained,, in circumstances.

Wife is entitled for maintanence even before rukhsati

Citation Name : 2012 PLD 245 LAHORE-HIGH-COURT-LAHORE Side Appellant : Mst. SHAISTA SHAHZAD Side Opponent : ADDITIONAL DISTRICT JUDGE

S. 5 & Sched.---Constitution of Pakistan, Art. 199---Constitutional Petition---Suit for recovery of maintenance allowance, dower and additional amount stipulated in the nikahnama as payable to wife conditional in the case of divorce---Suit of wife (petitioner) was decreed to the extent of maintenance allowance only by the Appellate Court, and said order was assailed by both wife and the husband (respondent) in the constitutional petition---Validity---Family Court had no jurisdiction to entertain the wife's suit for recovery of additional conditional amount in case of divorce incorporated in the nikahnama --Wife's claim for dower amount was devoid of any force as the same had been categorically mentioned in the nikahnama as having been paid to the wife at the time of Nikah---Wife in her cross-examination had admitted that she never questioned the entries in the said nikahnama before any forum and the same had been duly signed by her---Plea of husband that the wife was not entitled to claim any maintenance allowance was devoid of any force as a valid Nikah under Islamic Law confers upon the wife the right of maintenance and imposed on her the obligation to be faithful and obedient to her husband for performance of her marital duties---Record showed that after the recitation of Nikah, the wife never refused to effect union and perform her marital obligations, rather the husband himself refused to obtain Rukhsati on the pretext that he had to complete his studies and ultimately divorced the wife---Courts below had rightly decreed that wife's suit for maintenance allowance from the date of Nikah till the date of divorce as well as for the period of Iddat ---No factual or legal infirmity having been found in the judgment and decree of Appellate Court, constitutional petition was dismissed.

Documents required for Student Visa of UAE

Student Visas

To enrol in primary, secondary or high schools a residence visa is required and educational institution may be permitted to make their UAE visa application based on the sponsorship of their parents. This option is available to full-time students.

Students under parent's sponsorship wanting to enrol into tertiary level university, college or institute have the following regulations:

Sons, below the age of 18 in full-time education can be sponsored by their parents. Unmarried daughters of any age can be sponsored by their father (or their mother if she is employed in a high-level profession).

Students attending a tertiary level university, college or institute: Educator-sponsored Dubai study visa

Full-time students can be sponsored by their educational institution if the institution is eligible. This allows them to obtain a UAE study visa for the duration of their course Full-time students can be sponsored by the university, college or institute please check with the university, college or institute because not all offer this service.

Student Residence Visas are normally only valid for 1 year at a time, renewed each year during the study program. Documents needed:

Passport with at least 6 months validity, the passport must have two blank visa pages (one to endorse the visa and one for entry stamps) Passport copies (about 4) Photographs (about 12) Passport copies (about 2 copies) Upon arrival, passport copies with entry visa to the UAE (about 3 copies) Evidence of acceptance to a UAE tertiary institute (offer letter) Possibly bank statements showing evidence of funds in the UAE Possibly a tenancy agreement (or letter from university if staying in university accommodation) Copy of tuition fee receipt for the current study year of the program Copy of visa fees receipt for the current study year of the program Post-graduate students will need to have their undergraduate degree attested

Students from some countries will undergo a security check to make sure they are not considered a threat to UAE security. A medical test at an authorised UAE medical center (allow AED 350-500) will normally be required. The medical check is a blood test and chest X-ray for HIV (AIDS), Hepatitis B, Hepatitis C, Tuberculosis (TB), Leprosy, and Syphilis. If results come back positive for any of those conditions, the person is deported, except for syphilis which is treated, but this may change, check with UAE immigration department or UAE Ministry of Health (and keep in mind it's possible to get conflicting reports from them).

Article 47 of the constitution of Islamic Republic of Pakistan

47. Removal [22] [or impeachment] of President. [22A] (1) Notwithstanding anything contained in the Constitution, the President may, in accordance with the provisions of this Article, be removed from office on the ground of physical or mental incapacity or impeached on a charge of violating the Constitution or gross misconduct. (2) Not less than one-half of the total membership of either House may give to the Speaker of the National Assembly or, as the case may be, the Chairman written notice of its intention to move a resolution for the removal of, or, as the case may be, to impeach, the President; and such notice shall set out the particulars of his incapacity or of the charge against him.] (3) If a notice under clause (2) is received by the Chairman, he shall transmit it forthwith to the Speaker. (4) The Speaker shall, within three days of the receipt of a notice under clause (2) or clause (3), cause a copy of the notice to be transmitted to the President. (5) The Speaker shall summon the two Houses to meet in a joint sitting not earlier than seven days and not later than fourteen days after the receipt of the notice by him. (6) The joint sitting may investigate or cause to be investigated the ground or the charge upon which the notice is founded. (7) The President shall have the right to appear and be represented during the investigation, if any, and before the joint sitting. (8) If, after consideration of the result of the investigation, if any, a resolution is passed at the joint sitting by the votes of not less than two-thirds of the total membership of [23][Majlis-e-Shoora (Parliament)] declaring that the President is unfit to hold the office due to incapacity or is guilty of violating the Constitution or of gross misconduct, the President shall cease to hold office immediately on the passing of the resolution.

Article 6 of the Constitution of Islamic Republic of Pakistan

6. High treason.

[4A] [(1) Any person who abrogates or subverts or suspends or holds in abeyance, or attempts or conspires to abrogate or subvert or suspend or hold in abeyance, the Constitution by use of force or show of force or by any other unconstitutional means shall be guilty of high treason.] (2) Any person aiding or abetting [4B] [or collaborating] the acts mentioned in clause (1) shall likewise be guilty of high treason. [4C] [(2A) An act of high treason mentioned in clause (1) or clause (2) shall not be validated by any court including the Supreme Court and a High Court.] (3) [5] [Majlis-e-Shoora (Parliament)] shall by law provide for the punishment of persons found guilty of high treason.

Judgement on agreement of Supreme Court

Citation Name : 2011 PLD 241 SUPREME-COURT Side Appellant : Hafiz TASSADUQ HUSSAIN Side Opponent : MUHAMMAD DIN through Legal Heirs Arts. 17, 72 & 79—-Constitution of Pakistan, Art.185(3)–-Leave to Appeal was granted by Supreme Court to consider; whether scribe of agreement having appeared as witness to prove agreement to sell could assume the role of attesting witness; and whether in the light of judgment passed by Supreme Court in another case, testimony of one marginal witness was enough to prove execution of such agreement, if his statement otherwise was confidence inspiring.

How to remove the President in Pakistan?

The process of removing president is defined in article 47 of the constitution of Islamic Republic of Pakistan. The following Article is produced as under:-

47. Removal [22] [or impeachment] of President. [22A] (1) Notwithstanding anything contained in the Constitution, the President may, in accordance with the provisions of this Article, be removed from office on the ground of physical or mental incapacity or impeached on a charge of violating the Constitution or gross misconduct. (2) Not less than one-half of the total membership of either House may give to the Speaker of the National Assembly or, as the case may be, the Chairman written notice of its intention to move a resolution for the removal of, or, as the case may be, to impeach, the President; and such notice shall set out the particulars of his incapacity or of the charge against him.] (3) If a notice under clause (2) is received by the Chairman, he shall transmit it forthwith to the Speaker. (4) The Speaker shall, within three days of the receipt of a notice under clause (2) or clause (3), cause a copy of the notice to be transmitted to the President. (5) The Speaker shall summon the two Houses to meet in a joint sitting not earlier than seven days and not later than fourteen days after the receipt of the notice by him. (6) The joint sitting may investigate or cause to be investigated the ground or the charge upon which the notice is founded. (7) The President shall have the right to appear and be represented during the investigation, if any, and before the joint sitting. (8) If, after consideration of the result of the investigation, if any, a resolution is passed at the joint sitting by the votes of not less than two-thirds of the total membership of [23][Majlis-e-Shoora (Parliament)] declaring that the President is unfit to hold the office due to incapacity or is guilty of violating the Constitution or of gross misconduct, the President shall cease to hold office immediately on the passing of the resolution.

Where a wife has to file notice for Talaq?

Citation Name : 2010 YLR 1 LAHORE-HIGH-COURT-LAHORE Side Appellant : Khawaja MUHAMMAD SHOAIB Side Opponent : NAZIM UNION COUNCIL Ss. 7 & 8— West Pakistan Rules under the Muslim Family Laws Ordinance, 1961, R.3(b)—Constitution of Pakistan (1973), Art.199—Constitutional petition—Notice of divorce—Territorial limits—Effect–-Petitioner had challenged the notice of divorce filed by wife in the concerned Union Council on the ground that such notice was required to be filed at a place of residence of the spouse against whom such right was to be exercised–-Wife controverted the assertions submitted by petitioner and contended that the provisions of R.3(b) of the West Pakistan Rules under the Muslim Family Laws Ordinance, 1961 applied mutatis mutandis to wife and she could file such notice at the place where she resided—Validity—Language of the rule asserted by petitioner was to be given its literal interpretation and the right of divorce exercised either by husband or by wife had to be notified to the Union Council where the wife/woman resided at the relevant time—Section 8 read with S.7 of the Muslim Family Laws Ordinance 1961 and R.3(b) of the West Pakistan Rules under the Muslim Family Laws Ordinance 1961 clearly showed that the Union Council within whose territorial limits the woman resided, had the requisite jurisdiction in the matter—High Court declined to interfere in constitutional jurisdiction.

Appointment of Legal Advisors Act,1974

THE COMPANIES (APPOINTMENT OF LEGAL ADVISERS) ACT, 1974 (X of 1974) An Act to provide for the appointment of Legal Advisers to companies (Gazette of Pakistan, Extraordinary, 5th March, 1974) WHEREAS it is expedient to provide for the appointment of Legal Advisers to companies and matters connected therewith it is hereby enacted as follows: 1. Short title, extent and commencement.—(1) This Act may be called the Companies (Appointment of Legal Advisers) Act, 1974. (2) It extends to the whole of Pakistan. (3) It shall come into force at once. 2. Definitions.-- In this Act, unless there is any thing repug nant in the subject or context: (a) "Advocate" means an advocate entered in any roll under the provisions of the Legal Practitioners and Bar Councils Act, 1973 (XXXV of 1973). (b) "Company" means a company formed and registered under the Companies Act, 1913 (VII of 1913), but does not include a company the paid -up capital of which is less than 1[five lakh rupees] or a company limited by guarantee or an association registered under section 26 of that Act; (c) "Legal Adviser" means a person appointed as such under section 3; and (d) "Registered firm" means firm registered under the Partnership Act, 1932 (IX of 1932), all the partners of which are advocates. 3. Appointment of Legal Adviser. -- (1) Every company shall appoint at least one Legal Adviser on retainership to advise such company in the performance of its functions and the discharge of its duties in accordance with law: Provided that a company in existence immediately before the commencement of this Act shall be deemed to have complied with the provisions of this sub -section if it appoints a Legal Adviser before the expiration of three months from such commencement. (2) No person other than an advocate or a registered firm shall be appointed to be a Legal Adviser. 1 Substituted by Act LXI of 1975, S.2. 4. Retainer. -- Every Legal Adviser appointed by Company shall be paid by the company a retainer which shall in no case be less than 2 [one thousand two hundred] rupees per mensum. 5. Who may not be appointed Legal Adviser. -- A company shall not appoint an advocate or a registered firm to be its Legal Adviser, if upon such appointment, the number of companies of which such advocate or firm is a Legal Adviser will exceed--, (a) in the case of the advocate, three: or (b) in the case of the firm, the product of three and the total number of partners of the firm: Provided that a company in existence immediately before the commencement of this Act shall be deemed to have complied with the provisions of this subsection if, before the expiration of three months from such commencement, it terminates the appointment of the advocate or registered firm the appointment of whom or which is prohibited by this subsection. (2) No compensation shall be payable for the termination of an appointment of agreement under or by virtue of the operation of the provisions of subsection (2). 6. Power to exempt. -- The Federal Government may, by notification in the official Gazette, exempt any company or class of companies from the operation of the provisions of subsection (1) of section 3 subject to such conditions and for such period as may be specified in the notification. 7. Penalty and procedure. -- (1) If a company contravenes, or fails to comply with any of the provisions of this Act or the rules made thereunder, manager or other officer responsible for the conduct of its affairs shall unless he proves that the contravention or failure took place without his knowledge or that he exercised all diligence to prevent such contravention or failure, he deemed to be guilty of such contravention or failure and be punishable with simple imprisonment for a term which may extend to three months or with fine, or with both. (2) No Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by an officer of the Federal Government or of a Provincial Government authorised by the Federal Government in this behalf. (3) No Court inferior to that of a Magistrate of the first Class shall try an offence punishable under this Act. 8. Power to make rules.-- (1) The Federal Government may by notification in the official Gazette, make rules for carrying out the purposes of the Act. (2) In particular and without prejudice to the generality of the foregoing provision, such rules may provide for the maintenance of registers of Legal Advisers by companies, the form in which such registers shall be maintained, the furnishing of information by companies and the intervals at which such information shall be furnished. 2 Substituted for the words “three hundred and fifty” by the Companies (Appointment of Legal Advisors)(Amendment) Act, 1994 (IV of 1994)

What if a man marries another woman without permission of his wife?

Citation Name : 2010 MLD 470 KARACHI-HIGH-COURT-SINDH Side Appellant : ATIQ-UR-REHMAN Side Opponent : Mst. SADIA S.6—West Pakistan Rules under the Muslim Family Laws Ordinance, 1961, R. 21—Criminal Procedure Code (V of 1898), S.561-A—Polygamy-–Quashing of proceedings, application for —Respondent/ complainant wife in her complaint had alleged that applicant/husband had contracted second marriage without her prior permission and consent—Wife had also alleged that husband had not even filed any application to the Nazim Union Council for obtaining permission of Arbitration Council—Complaint was returned by the Civil Judge and Judicial Magistrate, with the direction to file same before the Union Council concerned—Appellate Court however, set aside order of the Trial Court and remanded the’ complaint with the directions to record the statement of wife—Husband who filed application for quashing of the proceedings had contended that provisions of S.6 of Muslim Family Laws Ordinance, 1961 did not contemplate an action on behalf of private person, which could only be initiated on behalf of the Union Council—Validity—As to what had been provided under the law, had to be followed in the same manner and an aggrieved party could avail normal. remedies by approaching the Trial Court—Notwithstanding, it was not the intention of lawmakers that an aggrieved party under S.6(5) of the Muslim Family Laws Ordinance, 1961 should approach the court of law for redress, except that Union Council would have the jurisdiction over the subject in the event of Polygamy as said section did not contemplate delegation of authority to the private person for initiating an action on behalf of the Union Council—In the present case, proceedings initiated by the Trial Court in the complaint of wife, were found to be devoid of lawful authority, it would be an exercise in futile to allow the private complaint to linger on which would tantamount to be patent illegality and flagrant abuse of process of law—Bar existed in entertaining a private complaint directly filed by the wife against the husband, which would amount to violation of the principles of justice, and required interference for exercise of power of quashing the proceedings–Impugned order was set aside and proceedings pending before the Trial Court were directed to be quashed.

Second Marriage is allowed if arbitration council gives permission

Citation Name : 2010 PCrLJ 950 LAHORE-HIGH-COURT-LAHORE Side Appellant : SHAMIM MAI Side Opponent : ALLAH DITTA S.6(5)—Criminal Procedure Code (V of 1898), S.417(2)—Special leave to appeal against acquittal—Trial Court had acquitted the accused under S.249-A, Cr.P.C. of the charge under S.6(5) of the Muslim Family Laws Ordinance, 1961—Arbitration Council of the. Union Council concerned had permitted the accused for second marriage, which was the only requirement of law for second marriage—Impugned judgment dismissing the private complaint of the complainant was based on cogent and convincing reasons—Accused after his acquittal by trial Court had assumed double innocence—Special leave to appeal was refused to the complainant in circumstances and her petition was dismissed accordingly.

How to get rid of a Criminal Case?

Criminal case is always very annoying for the persons accused in it. The reason is that the accused have to attend all the dates of hearing in a criminal case. Apart from that the accused persons are always in a fear that they might get arrested or convicted in the end. There are some lawyers that take advantage of this scenario and they charge fee from accused persons on every adjournment apart from the decided fee. Similarly there are police officers that take bribery from the accused persons from time to time in order to take advantage of their fear. However, these are not the ways to work things out.

The best way to deal with a criminal case is to contest it in the court of law. If the accused has done nothing wrong then he/she must not fear anything. There are many legal maxims that support the innocent people that are falsely implicated in criminal cases. Similarly there is a famous legal maxim in common law system saying "Benefit of doubt goes to the accused". That is really helpful to judged in deciding criminal cases and there are many lawyers that win criminal cases on the basis of this legal maxim.

When it comes to Indian or Pakistani Criminal law system there are number of ways to deal with a criminal case. In the start the accused should get bail before arrest as soon as he/she gets the knowledge of FIR being lodged against him or her. After that the best way is to enter into compromise with the complainant. When the accused is charged of offenses that are of compoundable nature, he/she gets released from the court of law on the bases of such compromise.

A drawback of compromise is that the accused is declared a convict from the court of law. The same thing happens in cases where the accused pays the penalty to the court for getting released. That happens in many cases of minor offenses as the courts are not willing to keep the accused in such offenses in the jails. However that is not an ideal way to work things out as "once a conviction is always a conviction".

An ideal way is to go for acquittal in a criminal case. In many law systems around the world there is a principal that the magistrate has powers to acquit an accused when the complainant doesn't attend the proceedings in a criminal case. Another thing is that the magistrates have powers to acquit accused persons when they have suspicion that the accused is falsely implicated in a criminal case.

A magistrate or the trial judge also has powers to acquit the accused when the prosecution is proved to have malice towards the accused. For example if the prosecution doesn't take up the case seriously and adequate record is not provided to the court of law then accused can be acquitted. Similarly if the evidence against the accused is not sufficient then he/she can be acquitted by the trial court. The Trial court also has powers to discharge the accused at any time of the trial depending upon the nature of offenses and the role of accused in the case.

Quashment of FIR and Complaints is another important subject. The trial courts have powers to quash FIRs and Complaints against the accused when they feel that the case is a frivolous one. Things are very much dependent upon lawyers as they always know when and how to file the most effective petition in the court of law in order to get the accused acquitted easily.

Procedure of divorce when husband is in jail

I need some legal advice on the separation of refugees and its implications for custody. The case involves two refugees who were married in Peshawar in approximately 1999 or 2000. The husband is from Palestine and the wife is from Afghanistan. The couple have 3 minor children.

The husband is currently in jail on remand for money laundering and other economic crimes. He has been in jail since November 2011 and it is not clear when he might be released. The wife wants to separate from her husband and wants custody of her children so that they can be submitted for resettlement. The husband has very little chance of resettlement because of his criminal record and due to problems in his refugee claim. However, the wife and her children would be eligible. The wife has stated that the husband is extremely unlikely to agree to a divorce or to handover the custody of their children.

Can you please advise on the following:

- What are the prospects divorce order being made by a Pakistani court? And how long would that take? - If the husband remains in jail, can the court make an ex parte divorce order? - What are the prospects for custody orders made in favour of the wife? And how long would that take? - Any other advice?

Answer. It is a simple case of Khulah. Even if the husband is not willing to divorce wife she can take Khulah from the family court in Pakistan. Kindly read the grounds mentioned in section 2 of Dissolution of Muslim Marriages Act 1939 as several of those grounds might be attracted in this case.

As far as jurisdiction of this case is concerned it can be filed at such a place in Pakistan where the wife resides. This case will not proceed ex-parte as the husband is in jail and he will be called by the judge from the jail. Yes that might take several adjournments depending upon many factors. There are pre-trial reconciliation proceedings whenever a case of Khula is contested. If the husband and wife both give a statement that they don't want this relationship anymore then this case will end up at the pre-trial reconciliation proceedings. That means case will end up in around 2 months time that way. In other circumstances it will take around four to six months time till the time a decree for khulah is passed from the family court. As the judicial system in Pakistan is not very efficient, one should keep extra time in mind.

As far as child custody is concerned that is a separate issue. It will be contested in the guardian court. The court will easily grant interim custody to the mother in this case because the father is ineligible to maintain children. That case will take around six months in total. In other scenario do remember that a mother is eligible for custody of male minors till the age of seven years and for female minors till they reach the age of puberty. Also a female loses her right of custody when she is of immoral character or if she contracts second marriage. However courts in Pakistan give priority to the welfare of minors and in this case the welfare of minors rest with mother. So she will easily win the case from guardian court also even if its contested. Do feel free to ask me any further questions.

Best Regards, Salman Yousaf Khan Advocate High Court +92-333-5339880

Full process of USA study visa

1. How to Apply for USA Study Visa

To apply for a student visa, fill out the forms DS-156, DS-158 (and DS-157 if you are male between the ages 16-45 years, and pay the USD $100 application fees. Bank will provide you with an appointment date and time. If this date is after the reporting date noted on your I-20 (or DS-2019 for exchange student programs), you should notify the staff at Bank and they will provide you with an earlier appointment if possible. Student visa applicants must also pay a USD $100 fee.

2. What documents are required and not required? (Is a police report required? Is property evaluation essential?) You should come to the interview with your original I-20 issued by the academic institution where you intend to study, all academic records (SLC, +2 certificate, etc.), and any evidence if financial resources to show that you can afford your education. While there are no specific financial documents required, you should feel free to bring everything you believe would support your case. Consular officers prefer to see at least six months transaction history from your bank accounts. A police certificate is not necessary for student visa applicants. All documents submitted should be genuine – if the consular officer at any time believes you have submitted a false document, you will be refused the visa and the document(s) could be turned over to the police. 3. Do I need to bring a bank statement or a 6-month transaction statement? Can bank statements be from any bank? Consular officers prefer to see at least six months transaction history from each of your bank accounts. Bank statements can be from any bank, savings and loan or credit agency. 4. Can someone in the US be my sponsor? Yes. You many have family or close friends in the U.S. who are able and willing to support you financially while you are in school. However, this sponsorship must be genuine. Every consular officer must believe the legitimacy of your financial evidence and it is extremely important that you are honest during the interview. 5. If I am denied a visa the first time I apply, how can I appeal? You are permitted to apply for a visa three times within one year. For the benefit of the applicants, the Consular Section’s policy is, to the extent possible, to appoint a different interviewing officer for subsequent applications. If you are refused a visa three times in one year, you must wait six months since your last refusal. There is no formal appeal process. 6. What are my chances the second time if I was denied a visa the first time? Is it better to apply with the same I-20 or a different one? Each applicant’s case is different, but generally consular officers encourage you to wait until your circumstances have change or you have additional evidence that was not presented during your first interview before reapplying. The academic institution you choose to attend (and the I-20 you present) should be the one that is best suited to your academic interests and financial resources. 7. Does it matter in what order my documents are arranged? For the purpose of the interview, it is easier if your academic records are presented first (in chronological order starting from SLC), followed by your financial information. Any other supporting documents, e.g., character references or extracurricular certificated, should be presented last. 8. How long is a visa interview? At most Embassies around the world, visa interviews last roughly 2 minutes. However, we try to give you as much consideration as possible depending upon the volume of applicants that must be interviewed. Interviews typically will range from 2 to 10 minutes in duration depending upon the case. 9. What is the wait period for a visa appointment? What is the time line for after the appointment? During the high visa season (summer and winter), the waiting period for a visa interview may be as long as one month. If you qualify for the visa at the time of your interview, your visa will be ready within 24 hours. The Consular Section encourages you to apply as soon as possible, but no earlier than 90 days prior to the reporting date noted on your I-20. 10. Can I bring many I-20s to my visa Interview? Yes, you can bring all of your I-20s to the interview, but you will need to have identified, and paid the USD $100 SEVIS fee, for the academic institution that has accepted you. You must bring the I-20 for the school you plan to attend. 11. I heard that if I wear black for my interview, I won’t get a visa, Is this true? Absolutely not. You are welcome to wear any color of clothing to the interview. 12. I heard that the lady visa consular officer is really strict. Will my chances decrease if I get her as my interviewer? No. Every consular officer gives each applicant every consideration consistent with U.S. immigration law. At the time of the interview, the officer must believe that you intend to study, that you are able to maintain full-time student status in the U.S., and that you can afford the school. 13. If I paid my SEVIS fee on one I-20, and now I’ve decided to use another I-20, do I need to somehow transfer my payment? How do I do this? Yes, you should contact the school you intend to attend and ask them to amend your SEVIS record to reflect the change. Please refer to the following website for the further information: http://www.ice.gov/graphics/sevis/i901/faq7.htm 14. If I am granted a student visa for one college and decide to transfer to a second college while I am in the US, do I need to get my visa renewed? Is there a fee for this? You do not need a new visa as long as you have a valid I-20 and a valid visa. 15. Are there any colleges that the US Embassy has ‘blacklisted’ (i.e. the Embassy will not grant visas to attend these colleges)? No, the Embassy accepts I-20s and visa applications for all accredited education institutions in the United States. When you apply for a college in the U.S. you should make sure that it is an accredited institution. In case of doubt, please consult the Educational Advising Center at the U.S. Educational Foundation Nepal at Gyaneshwor. 16. Do some Nepali students who are granted a visa have problems or are denied at the point of entry in the US? The F-1 student visa provides you only with the authorization to ask for admission into the U.S. from the U.S. Bureau of Citizen and Immigration Services at the point of entry. Typically, however, Nepali student visa holders are granted admission. 17. Do my chances of a student visa for a college increase or decrease if many Nepali students are already at that college? No. The number of Nepali students at any particular school has no bearing on your qualifications for a student visa. 18. Is it important to have a scholarship to get a visa? Scholarships can be very important if your family will have difficulty paying for your education and living expenses in the United States. Many schools provide tuition waivers for all international students while others provide financial aid packages for students with low incomes. The Embassy encourages all prospective students to plan well ahead, apply to schools early and investigate opportunities for financial aid through the school directly. There are no fees for applying for scholarships or financial aid in the United States. 19. Does it make a difference if the school I apply to is a public or private school in terms of getting a student visa? No, the type of school has no bearing on your qualifications for a student visa. 20. If I have relative in influential positions, will I get a student visa if they speak to you? No, your application has to stand on its own merits. 21. To cut costs, I’ll be living with my brother and cousin when I get to the US. Will this count against me when applying for a student visa? We consider all sources of income and support when considering whether you can afford you educational expenses. 22. My siblings have all settled in the US. Will this influence my being granted a student visa? As a student visa applicant, you must convince the consular officer that you have the ability, intent and means to study in the U.S. The officer also must believe that you have a residence abroad to which you intend to return after finishing your education. 23. I’m from a underprivileged class in Nepal. Will this count for or against me? Consular officers do not consider an applicant’s caste or ethnicity during an interview. 24. If I have disabilities or health problems, will these count against me? No. Again, if you can convince the officer that you have the ability, intent and means to study in the U.S., you may qualify for the visa 25. I’ve taken and educational loan from a Nepali bank to pay for my education in the US. Will this count against me? Not necessarily. As long as you can show that you have the means to re-pay the loans without resorting to illegal employment in the U.S. this will not be counted against you. 26. I’d like to go to the US as a transfer student. Do my chances increase or decrease for a student visa? Neither. If you have a poor academic record, getting good marks at a local university can help convince the interviewing officer that you have the ability to study in the U.S. Other factors, such as the intent and means to study in the U.S. are also factors and officer considers during an interview. 27. I’ve completed my master’s in Nepal and want to get my second master’s in the US. Will this count against me when applying for a student visa? No. If you have good reasons for seeking a second master’s degree and can convince the interviewing officer that you have the ability, intent and means to study in the U.S., you will likely qualify for the visa. 28. I haven’t taken the TOEFL or the IELTS, or any of the other standardized tests. Will this count against me? Most academic institutions require the TOEFL, results for admission. Standardized test help demonstrate your ability to study, but are only one of the things an interviewing officer considers. You will not be refused the visa solely on the basis that you have not taken one of the tests. 29. Is the IELTS as recognized as the TOEFL? All standardized tests are considered when the interviewing officer assesses whether or not an applicant possesses the ability to be a successful student. 30. Can I call the US Embassy if I have a question specific to my case? We hope that the answers in this FAQ will help answer you questions. Specific questions about your case are best asked at the time of your interview.

Immigration law: IELTS and details regarding it

The International English Language Testing System (IELTS) is an internationally owned and globally recognized direct English language assessment of the highest quality and integrity readily available throughout the world. IELTS test is a highly dependable, practical and valid English language assessment primarily used by those seeking international education, professional recognition, bench-marking to international standards and global mobility. IELTS exam is owned, developed and delivered through the partnership of the British Council, IDP: IELTS Australia and the University of Cambridge ESOL Examinations. IELTS test helps students show their ability to take the courses in English. The universities - mostly from UK, Canada, and Australia, seek for IELTS test report as an admission requirement. The score that students must obtain for eligible in the University depends upon the course and the university chosen.

Format of IELTS

All candidates must complete four Modules - Listening, Reading, Writing and Speaking to obtain an IELTS Test Report Form. Candidates are tested in Listening, , Writing and Speaking. All candidates take the same Listening and Speaking Modules. There is a choice between Academic and General Training in the and Writing Modules. Total Test Duration: 2 hours 45 minutes The first three modules - Listening, and Writing - must be completed in one day. The Speaking Module may be taken, at the discretion of the test centre, in the period seven days before or after the other Modules. The tests are designed to cover the full range of ability from non-user to expert user.

Here Sample questions of IELTS are given for you to practice as well as to built concept about the IELTS question pattern. This IELTS practice paper will help you to score more in IELTS.

LISTENING

SECTION 2 Questions 11- 20 Questions 11- 15. Choose the correct letters A, B or C. 11. The most important reason for a settlement at the Rocks was A fresh water. B flat rock. C a sea wall. 12 The plague was brought to Sydney by A rat-catchers. B convicts. C sailors. 13 The Harbour Bridge was built A in 10 years with 7 deaths. B in 10 years with 17 deaths. C in 17 years with 10 deaths. 14 The Chinese community arrived in the Rocks in A 1825. B 1844. C 1870. 15 The Chinese shops were mainly A restaurants and laundries. B soap shops and general stores. C general stores and laundries.

Questions 16 – 20 Complete the table below. Write NO MORE THAN THREE WORDS for each answer. Number of convicts brought to New South Wales 16 .................................. Date of last convict ship 17 .................................. Age of youngest convict nine Crime of youngest convict 18 .................................. Age of oldest convict 19 .................................. Crime of oldest convict telling lies Most serious crime murder Reason for most crimes 20 ..................................

READING

Questions 1–5 Complete the summary below using words from the box. Write the correct answers in boxes 1–5 on your answer sheet. Example The failureduring the late 1970s and early 1980s of an attempt to establish a widespread wind power industry in the United States resulted largely from the 1..... in oil prices during this period. The industry is now experiencing a steady 2..... due to improvements in technology and an increased awareness of the potential in the power of wind. The wind turbines that are now being made, based in part on the 3..... of wide-ranging research in Europe, are easier to manufacture and maintain than their predecessors. This has led wind-turbine makers to be able to standardise and thus minimise 4..... . There has been growing 5..... of the importance of wind power as an energy source.

criticism design costs failure operating costs growth scepticism effects

success production costs stability fall recognition decisions decline results

WRITING

WRITING TASK 1 You should spend about 20 minutes on this task.

The chart below shows the different modes of transportation used to travel to and from work in one European city, in 1950, 1970 and 1990. Write a report for a university lecturer describing the information below.

Write at least 150 words

Modes of transport and year

WRITING TASK 2 You should spend about 40 minutes on this task. Present a written argument or case to an educated reader with no specialist knowledge of the following topic.

As computers are being used more and more in education, there will soon be no role for the teacher in the classroom. To what extent do you agree or disagree?

You should use your own ideas, knowledge and experience and support your arguments with examples and relevant evidence. Write at least 250 words.

SPEAKING

Example Part 2 Describe a teacher who has greatly influenced you in your education. You should say: where you met them what subject they taught what was special about them and explain why this person influenced you so much. You will have to talk about the topic for 1 to 2 minutes. You have one minute to think about what you are going to say. You can make some notes to help you if you wish.

These are the example question for IELTS test. Real test question will be different, but similar to this one.