Role of Family Court in Resolving Marriage Dispute:
There is a great role of the family court in resolving marriage disputes in Pakistan. In case of any disputes between the spouses, the matter can be taken to the court. The first attempt to resolve the dispute between the spouses should be made by the family members and friends of the spouse. The spouse can also seek mediation from any lawyer in Pakistan. In case the issue is not resolved, the matter can be taken to the family court through a lawyer. The family courts have to resolve family disputes according to the law of the country. The family courts have to give the decision in favor of either of the spouses, but the family courts, before giving the decision, also try to have reconciliation between the spouses.
RECONCILIATION:
The law of the country is that when a matter between the husband and the wife comes to the court, the court will try to have reconciliation between the spouses. It is not mandatory for the court to have a conciliation between the spouses. The court will only try. The courts cannot force someone to reconcile with someone else.
ARBITRATION COUNCIL WHILE FILING A CASE:
Nowadays, when a case is filed in court, a form is attached with the case that asks how you would like to get the matter resolved. There are three options given in this form.
Ø BY COURT DECISION
Ø BY ARBITRATION COUNCIL
Ø BY MEDIATION
If you select the option of mediation or arbitration council, the court, after sending the notices to the other party, will provide the services of mediation, and can also send the case to the arbitration council. The arbitration council tries to have a conciliation between the husband and the wife. Even the council cannot force the parties to have reconciliation between the two. They can only try. In case the try fails, the court has to ultimately give a decision on the matter pending before it. Below are some of the matters that go before the family court.
Ø Wife maintenance in Pakistan
Ø Child maintenance in Pakistan
Ø Dower and dowry articles in Pakistan
Above are some of the issues that go to the family court. There is a huge role of the family court in resolving marriage disputes in Pakistan. The case is sent to the court for a decision, but the law also says that the courts will try their best to achieve reconciliation between the spouses.
RECONCILIATION AFTER DIVORCE IN PAKISTAN:
The Pakistani law also allows reconciliation after divorce in Pakistan. If a female obtains a divorce or the male gives a divorce to the wife. The case goes to the arbitration council. Even after the khula decree, the female has to submit the khula decree to the council. The council tries to reconcile between the spouses for at least 90 days. In case the conciliation does not happen, the divorce certificate in Pakistan is issued. This certificate is the only proof that a person is now divorced. After the issuance of the certificate, there will be no reconciliation.