Nazia Law Associates in Lahore is an expert law firm for the procedure of divorce in Pakistan. If the accusation pertains to the denial of paternity of the child, the statements of the husband and wife will be altered to include the words “denial of paternity in place of the words accusation of Zina. For the procedure of divorce in Pakistan, the procedure of lian is obligatory when the husband cannot produce four witnesses in support of his accusation and the wife denies the accusation. The husband and wife, to be eligible for this procedure, must be sane, major, Muslim, possessing the power of speech, validly married to each other, and those who have not been convicted for qazf.
Statement for the Divorce Procedure in Pakistan by Husband and Wife:
These attributes must continue throughout the procedure. Pardon, extinction of the accusation and sulh is not acceptable in this procedure of divorce in Pakistan, No agents can be appointed for the procedure of lian and the husband and wife have to make the statements themselves. The procedure of lian, whatever its outcome, gives rise to the obligation of separating the husband and wife through the procedure of divorce in Pakistan. This is done by the judge, who will pronounce an irrevocable divorce through the procedure of divorce in Pakistan.
Still Maintain Their Children:
The husband and wife can remarry after this, but some jurists in the school maintain that such separation gives rise to a perpetual prohibition like the prohibition of women who are perpetually prohibited for a man. When the accusation by the husband is accompanied by the denial of paternity of a child, and the procedure of lian has been completed, the paternity of the child for the accusing husband stands terminated.
Denial of paternity has essential conditions attached to it as follows:
- Paternity is the right of the child. Thus, it cannot be denied when the woman is pregnant as such denial does not work against the fetus. Paternity must be denied when the child is born.
- Paternity must be denied within a few days of the birth of the child, which is seven days according to one narration from Abu Hanifah. According to the two disciples, the maximum period of denial is the postnatal period of the woman. In the case of a person who was not present when the wife gave birth to a child, he has to deny paternity within a similar number of days from the time the information was communicated to him.
- Paternity of the child will be attributed to the father if it is not denied within the period above. As it is established through a valid marriage, paternity can only be denied through the procedure of lian.
- The judge must pronounce the denial of paternity at the pronouncing divorce in such a case. Denial of paternity is not without the pronouncement of the qadf. Denial of paternity has legal effects for inheritance and bequest.
For details regarding the procedure of divorce in Pakistan please call Advocate Nazia.