Wednesday 17 April 2013

489 F PAKISTAN PENAL CODE


 489 F PAKISTAN PENAL CODE

Question:
Can a non-bailable warrant arrest can be granted from court under case 489f and who will obtain this warrant either applicant or police if culprit is residing in Multan and how long it will take time to proceed. Can a police arrest culprit residing in Multan from Islamabad City. If police obtain only warrent arrest can a culprit can obtain temporary bail from his city or Islamabad. Last, after how much time police declare culprit as hishtiari (wanted person). What measurment should take from applicant in such situation.
ANSWER:
Dear Client :
I think u did not registered the Case yet (F.I.R). If a check is bounced from bank then you should sent a legal notice to the accused person along with copy of dishonored slip through registered Ad envelop. After 14 days u must registered a case against that culprit under 489-F.
there is no need for warrant from the court. Police is bound to arrest accused person as same is non bailable and cognizable offense.
of course police can arrest the accused from Multan also. Interim Bail only be obtain from Islamabad where u registered the case. High Court can grant an anticipatory bail only for 2, 3 days to reach the concern court. But don't worry he has to pay the amount of cheque.
all procedure ll be done by the police or by court, so u must not be worried. It is suggested that u must engage a lawyer first.
please feel free to contact me any time for further query at

ASHRAF & ASHRAF LAW FIRM
Ch. Ejaz Ashraf Advocate
worshipper1981@yahoo.com
www.ashraflawfirm.com
Cell: +92 321 4581017
553 Q Block Johar Town Lahore Pakistan
KHULLA DECREE ( DIVORCE )
Question:i need to know that what reasons are considered valid and appropriate before filing a case for khula in Pakistan and what evidence is required by the court to justify as reasons for having khulla?
also if there is a child who is one year old, under which law mother can have the custody and for how long??
and what if husband has not given the haq mehar so far, and if i ask for khulla what will happen about the haq mhr
ANSWER:
No Valid reason is required required by law for granting Khula decree. U can ask it as right.
only u have to say that swear hate against husband has developed and leave other things to to ur Lawyer. including U 2 witness r required to prove ur case.
mother has a right to feed the child upto 2 1/2 year. Under Guardian and wards act u can file a petition for for appointment of guardian. normally courts decide the petition in the favour of mother unless it is proved by father that custody of child in mother's hand is ruining the child. such as poor health, no education etc .
the court always consider the welfare of minor. So dont worry about child custody you ll also get the maintenance allowance from his father.
Haq Mehar and dowry article etc can also be taken through court and u can fie a suit in Family courts combine with Khula or separately.
for more info plz do no hesitate to contact me any time at
ASHRAF & ASHRAF LAW FIRM
Ch. Ejaz Ashraf Advocate
Cell: +92 321 4581017
553 Q Block Johar Town Lahore Pakistan
Property
Question:
how to sell a property which is jointly owned by three sisters.two sisters are agreed to sell it but the third one is not.what to do in such situation.
ANSWER:
Each share holder can sale his share and there is no bar as such .but to determine the each share holder's right property. a partition suit is needed. after partition every shareholder can easily sale his share freely.
if third sister can co operate then u can make agreement with ur sister regarding partition and easily sale out remaining share.
other wise u have to file a civil suit in Civil Courts.
for more info plz consult me at
ASHRAF & ASHRAF LAW FIRM
Ch. Ejaz Ashraf Advocate
Cell: +92 321 4581017
553 Q BLOCK JOHAR TOWN LAHORE
DISSOLUTION OF MARRIAGE
QUESTION:
I am Muhammad Saeed from United Kingdom. Reason why I am writting you is that me and one of my class fellow like each other since one year, I wanted to marry her but her family specially mother denied and she asked her to get marry to her aunt's so (Khala). They had a nikkah but rukhsati has not been performed yet. Some time ago they came to know that they boy is already married, now girl doesn't want to marry her and she is asking her mother, father and her husband to give her divorce but whole family and that guy is refusing it. And she can not afford to go to court on her own in that case her family may kick her out or there could be threat to her life as well. What are the possible ways for her to get divorce or Khula being not getting harmed from family. She belongs to Pakistan and she is in Pakistan at the moment. We need your advice could you please help us. 
Regards,
Muhammad Saeed
ANSWER:
In this situation Khula can easily be granted on first date of hearing. I can assured there l be no problem at all. More over she can sue her husband and demand damages and criminal proceedings could also be initiated against her husband as 2nd marriage is not permitted without consent of first wife. Even Nikkah could not be registered without permission of first wife he must had concealed the fact of first marriage.
on the other side if she feel unsecured she can file a writ of harassment and should ask for protection .
more more
for more consultation plz do not hesitate to contact me at
ASHRAF & ASHRAF LAW FIRM
Ch. Ejaz Ashraf Advocate
Cell: +92 321 4581017
553 Q Block Johar Town Lahore Pakistan

Want To Get BIRTH CERTIFICATE FROM PAKISTAN:
Question:
                       I was born in Sialkot Pakistan. I was lost my Birth Certificate. At this time i am in united states. I want to get birth Certificate for Canadian Immigration.
ANSWER:
                      Yes, I can help you in obtainning Birth Certificate from Pakistan. You can contact at
Ashraf & Ashraf Law Firm
Ch. Ejaz Ashraf Lawyer
Cell: +92 321 4581017
553 Q Block Johar Town Lahore Pakistan
Posted by at

No comments:

Post a Comment

Subscribe to: Post Comments (Atom)