The idea of consumer protection laws was firstly adopted in Pakistan by the Federal Government in 1995 when The Islamabad Consumer Protection Act, 1995 was passed. Later on The Provincial Governments followed this pattern and the provincial assembly of Khyber Pakhtunkhwa passed The Khyber Pakhtunkhwa Consumer Protection Act, 1997. The provincial assembly of Baluchistan passed The Balochistan Consumer Protection Act, 2003, the provincial assembly of Punjab passed The Punjab Consumers Protection Act, 2005 and provincial assembly of Sindh passed a Consumer Protection Bill in 2015 to protect the rights of consumers. The basic purpose of making these Acts, a part of our legislation, is to establish a prosperous society where all consumers may feel themselves secured and where there is no room exists for fraudulent acts.

After the approval of these Acts, district consumer courts are established for all the districts of Islamabad, Punjab, Khyber Pakhtunkhwa and Balochistan while the enactment in Sindh province is in process, so that people may easily access to these courts for the protection of their rights. Along these district consumer courts a network of district consumer protection councils has been spread in all four provinces of Pakistan. These councils are established to create awareness among masses about their basic rights and benefits as a consumer

 

1. If anyone gets a damaged product or a faulty service what remedy does he have?

A. If a person who buys a thing and eventually it turns out to be damaged or is not up to the mark, or a service provider provides defective or faulty services, then the rights of the consumer or the service recipient are protected under the Consumer Protection Act, he can enforce his rights by filling a complaint before the consumer Court.

2. What exactly is consumer protection law?

A. Consumer protection law is present to protect buyers from faulty products or injuries and damages incurred either through the actions of the seller or from the product purchased.  It also governs the litigation which takes place when those damages occur.

3. Who can file a complaint?

A. Any person who comes within the definition of a consumer can file a complaint, and consumer is the person who buy a product or hire someone for services.

4. Are Banks service providers?

A. Yes the banks comes within the definition of service providers, unless the recipient hasn’t availed any kind of loan in lieu of the relation between the bank and the customer. If the consumer has availed any kind loan and in that contrast he is aggrieved by the services of the bank, than the proper forum to redress his grievances is the Banking Court not the Consumer Court.

5. Can a consumer sue under the consumer protection laws because of something placed false in an advertisement?

A. Yes.  False advertising is covered by the consumer protection laws.  This is when a customer gets an impression of one thing from an advertisement but the actual thing he or she gets is completely different.

6. If you’re a consumer and you feel that you’ve been wronged by faulty product or service, what should your first step be?

A. First step is to send a legal notice by writing down what it is you think you were wronged about and address that to the seller or service provider that the product is not genuine or is faulty or the services were not up to the mark or you have suffered damage, then you would seek assistance from a consumer protection law attorney.  An attorney can help you determine whether you have a case or not and help you determine how to proceed. If nothing is replied by the manufacturer or service provider then a complaint is filed within 30 day of the cause of action.

7. What are the reliefs that can be sought from the consumer court?

A. When the consumer due to the defective product or faulty service suffer any kind of damage then the consumer is liable to be reimbursed of the actual damages he has sustained, but when the consumer hasn’t sustained any kind of damage then he is only liable to the return of the consideration i.e. amount paid for the product or services and the cost incurred by him on filling of the suit.

8. What are the requirements of filling a complaint in the consume court?

A. The complaint must contains:

Name, address and C.N.I.C number of the petitioner

Particulars of the respondent(s)

Copy of the legal notice must be attached to that application

Details of the claims and damages

Documentary proof (such as receipt) etc.

Relief sought

Affidavit of the Complainant

9. What is the Court fee for filling a complaint before a consumer court?

A. There is not Court fee charged for filling a complaint before the consumer court.

When husband and wife cannot live happily together within the limits prescribed by Almighty Allah then they can dissolve their marriage through divorce or khula. The husband can pronounce divorce and wife can file a suit for dissolution of marriage and can also pronounce Talaq, if such right has been conferred upon her. Every divorce or khula case has its own facts, circumstances, drawbacks, challenges and solutions.

Q: How a marriage can be disbanded in Pakistan?

A: Following are the ways through which a marriage can be annulled/dissolved i.e.

1. By the husband according to his will without involvement of a court ordinarily known as Talaq,
2. By mutual agreement of the parties i.e. husband and wife themselves decides that they do not want to live together anymore without the intervention of the court, called Talaq e Mubarat,

3. By the wife who do not want to further continue with the marriage with the help                of court through a decree called Khula

Q. What is Khula?

A.  It is a right enshrined in the Islamic provisions i.e. a right given to the wife to seek               annulment of marriage with the help of the court, it is just like Talaq which is an                   authoritative right of a husband without the intervention of a court but in Khula                   the   intervention of the court is necessary.

 Q. On what grounds do a wife can get divorce from the husband under the Laws of         Pakistan?

A. The Dissolution of Marriage Act provides following grounds to a wife to get the                   marriage annulled through a decree:

1. Whereabouts of the husband a unknown, where is husband is not known for four years.
2. Husband is not paying the maintenance and has left the wife on her own.
3. Husband has been convicted and has been awarded imprisonment of 7 years or above.
4. Husband is impotent or sexually inactive at the time of marriage.
5. Husband is of unsound mind for two years.
6. Wife was minor wen the marriage took place.
7. Wife is not treated well and treated with brutality.
8. Husband is notorious and living a dishonourable life.
9. Husband force the wife towards immoral activities.
10. Husband having a disease which can be spread through intercourse.
11. Husband forcibly try to dispossess from the property that wife owns.
12. Husband creates hindrance from obeying her religious obligations.
13. Wife cannot live with the husband according to the Islamic injunctions.

 

Q. How Khula can be obtained in Pakistan, what is the practice usually followed?

A. If in the nikahnama a wife has not been given the right of divorce, then the wife has the right of Khula to dissolve the marriage through court by filing a suit for dissolution of marriage through khula, the basic ground upon which the wife does not want to live with the husband is alleged in the suit. Upon filling of the suit the normal procedure of service of summons is approached and the husband is given a time to file its written statement in the court. If the husband fails to appear in the court the ex-parte proceedings are initiated. In case the husband appears on the date fixed, both the parties are given some time to reconcile with each other, if the reconciliation fails then the court is bound to pass a decree of dissolution of marriage.

 

Q. When the dissolution of marriage is properly completed?

 

A.  After the marriage has been dissolved through the court via decree, the requisite union council of the concerned area would issue a dissolution of marriage certificate, and for the said purpose an application is to be made to the chairman union council, who shall call upon both the parties to appear before him through their agents for reconciliation again, the chairman union council would then act as an arbitrator, who would give time to both the parties to reconcile, and if the parties do not agree then the marriage dissolution certificate is issued.

 

Q: Can a wife be delegated right of pronouncement of divorce?

Yes, but only in one condition when she has been given the power in the nikkahnama which is called Talak-e-Tafweez, this right is given by the husband which is not mandatory at the time of contracting the marriage under the clause 18 of the niakkahname.

 Q.Where would the suit for dissolution could be filed?

A. The suit could be filed in any one of the places:

1. Where marriage took place or where it was registered.
2. Where the defendant is residing.
3. Wife can file the case where she is residing ordinarily.

Q: How can a person obtain a divorce living outside Pakistan?

 A. If the marriage is registered in Pakistan the divorce could be obtained by appointing an attorney through a special power of attorney executed in the favour of that person, in which he has been given all the powers to appear, plead, sign all the legal formalities.

Q: For custody of children what law are applicable in Pakistan?

A: The Law related to the custody of children in Pakistan is Guardian and Wards Act, which deals with the custody of children on the basic principle of welfare of the children.

Q:What would be the rights of a wife after the dissolution of marriage towards the property?

A: The Jahez i.e. utility materials given to the wife by her parents on the occasion of the marriage is the exclusive right of the wife and when the marriage is dissolved in either way of the dissolution the wife has the right to claim her property through filing a suit for recovery of dowery article.

Q:How can a husband pronounce divorce to her wife in Pakistan?

A: The husband after pronouncing divorce/Talaq to her wife in any of the way whatsoever accordingly under different Islamic schools of thoughts would give a notice in writing to the chairmen of the concerned union council and the copy of the same would also be given to the wife. The chairmen would then create an arbitration council for the purpose of reconciliation and the chairmen would act as an arbitrator, and if the reconciliation is unsuccessful then the chairmen would issue a divorce certificate.

Q:Husband is not known where he is and it is difficult to get as to where his whereabouts are, can the marriage be dissolved?

A: Yes, as the ground of the dissolution it is a right of the wife if the husband is not known for 4 years then the wife has the right to seek dissolution of marriage.

Q: How can a notice sent through chairmen be avoided or revoked?

A: A notice sent through the chairmen can be revoked before the expiry of ninety days.

Q:What are the remedies available to me if I am being harassed by my spouse and her or his family members?

A: In such a situation you have the proper remedy available to you is to contact the police station by filing a criminal complaint .

Q:When could I go for a new marriage, during the pendency of the dissolution of previous marriage can I remarry?

A: No you have to wait until the previous marriage is properly and finally dissolved.

 

Rana Irfan Shahid

Advocate High Court

Phone:+923239610041

Rana Irfan Shahid

Rana Irfan Shahid advocate High Court after graduating in 2014 has worked diversely in various sectors including but not limited to banking recovery suits, family matters, tax laws, energy sectors with a domineering position and with the utmost skills of managing complex matters with deliberate scrutiny and care. He is also running free legal aid campaign throughout the country and has focus in shaping the laws favorable for those who are loosing hope in the judicial system of Pakistan.

Irfan has researched the most complex issue relating to banking sector in a timely manner and has succeeded in various multi billion rupees recovery suits. He has been awarded and been appreciated by the most famous and renowned group of lawyers and judicial activists and has been awarded various awards.

Amir Bilal

Amir Bilal pursued the field of Social Work even before earning his Professional Law degree, that is, during his education he acted as the secretary of law council at University of Sargodha.

Professionally he worked as a Regional Project Manager in Youth Parliament of Pakistan and Executive Coordinator with Youth Advocacy Network. As a professional with technical skills and the ability to work cross functionally in a time intensive environment, Amir Bilal eagerly awaits more challenges that can be met by his attitude, skills and organizational capabilities so that he can contribute against growing burden of problems and issues in society.

Apart from his curriculum activities he also has an applaudable experience of 7 years in the non-profit sector; working and serving as a human rights activist under the umbrella of youth Parliament of Pakistan.

Working in the interest of people and recognizing the dire need, he put his efforts to educate our youth about their social and political right as well as their Democratic responsibilities, adding his share to help make our country stable and prosperous. He centered this work in Sargodha Punjab, Pakistan.

He also offered his valuable services as an active member of National youth task Force, for the development of sexual and reproductive Rights that are integrated into youth policies of Pakistan.

Being a vigilant social worker, he also volunteered for a number of distinguished national and international organizations including but not limited to UNO, British council, YPP, YAN, US-Alumni and Lincoln corner. In the lieu of this he has also efficiently and successfully managed, organized and conducted myriads of trainings, workshops, conferences, symposiums, summits and forums like nation youth summit 2008, human rights education forum, Democracy symposium to name a few and received Certificates and letters of appreciations.

He also holds prodigious interest in arts and culture. Focusing on poetry, prose and literature, he channeled his concerns and ideas through them. He also, acted as a part of drama scrutiny committee in Sargodha arts council.

Improvising TV and radio he spread the message of youth empowerment. His radio program by the name of “MAHKAAR” airing on FM 93 Radio Pakistan is a part of this effort.

Participating in international visitor leadership program he visited USA and gained an enriching experience, further instilling and honing in him skills like project management, implementation, team building, Youth Mobilization and Capacity Building.

Mostly working in the areas of human rights, Education and democracy triggers his keen interest.

 

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