Pakistan's Latest Ruling Makes Us Want To Bang Our Heads On The Table And Weep

[MM_Haider]

@Akheilos Any chance that women will organize and fight this?

What is the opinion of the average person? Do they think this is OK?

what is the law in India? who is ultimate custodian of kids in case of separation?

 

[Paksanity]

Then why does it state


I have no problem with this....

My problem is solely with 2 things....courts and their sleepy heads called judges and lawyers AND this statement:



The right to protect a child from a predator parent!


THIS is not a 1 case article it is a general article which is true enough shitty in the beginning but as I said I ONLY have 2 problems with this and I mentioned them repeatedly in the thread

Courts and judges do make mistakes. Influential people do get rulings in their favour too. But judges are smart and educated people. They refrain from making sweeping remarks like whatever the circumstances so I believe either these remarks were not made at all or were made in an entirely different context. Only sure way to know is get a copy of decision for a nominal fee. Our judges are corrupt but they are no fools. Please don't make an impression without confirming the facts.

It however goes without saying that our judicial system needs a major overhaul. System surely is biased in favour of elites and influential.

 

[Bang Galore]

what is the law in India? who is ultimate custodian of kids in case of separation?

All things being equal (i.e no crazy, dangerous behavior having been exhibited), custody goes to the mother, though now there is a proposal to have joint custody awarded.

 

[Comfortably Numb]

How when JC is as blind as a bat!

What bloody law is that where children are not even protected? Father being a pedophile or a druggy can get access to the children...Which crooked collage taught such a law to these brainless judges?

I always understood that women were granted equal rights in our constitution. If that is the case ,then this ruling by the courts is in conflict with our constitution and purely based on personal biases. Hope somebody challenges it in courts and makes them pass verdicts that are not only in accordance with constitution but are also not an insult to human intelligence.

Any lawyer here ? would appreciate you expert input.

 

[Manindra]

what is the law in India? who is ultimate custodian of kids in case of separation?

Mostly goes to mother but Court observe who is fit to get as their financial status, behaviour, social & other.
Like if court thinks that mother can't able to rise their offspring better compared to father then custody goes to Father.

 

[Comfortably Numb]

I always understood that women were granted equal rights in our constitution. If that is the case ,then this ruling by the courts is in conflict with our constitution and purely based on personal biases. Hope somebody challenges it in courts and makes them pass verdicts that are not only in accordance with constitution but are also not an insult to human intelligence.

Any lawyer here ? would appreciate you expert input.

 

[MM_Haider]

All things being equal (i.e no crazy, dangerous behavior having been exhibited), custody goes to the mother, though now there is a proposal to have joint custody awarded.

can we safely say that this law is anti men and against men rights?

 

[Bang Galore]

can we safely say that this law is anti men and against men rights?

It is, that is why an amendment to the law is being considered.

 

[MM_Haider]

Mostly goes to mother but Court observe who is fit to get as their financial status, behaviour, social & other.
Like if court thinks that mother can't able to rise their offspring better compared to father then custody goes to Father.

In pakistan the custody goes to father when kids come off a certain age since we are a patriarchal society, it is understood that men can supports kids in a better way both financially and from safety point of view... but again he is bound to let the kids meet their mother! In case father is not capable (financially/ mentally etc), women can file a petition to prove that she can be better custodian. However, when kids grow up they are anyway free

 

[Spring Onion]

Corinne Redfern 11:25 | 04 Aug 2015

In today's depressing news, two judges have ruled that women are second class citizens, even when it comes to raising children...

Writers are not supposed to attribute something to someone which that person or persons did not say. no judge had ruled that women are second class citizens .

Two Supreme Court judges in Pakistan have reportedly ruled that when a couple divorces, the woman only gets to continue raising their children throughout infancy as their ‘supervisor’ - before passing them over to their husband when they’re old enough, because he is their legal ‘guardian’.

They have given ruling according to the law so if we want to change it we need to change the law. it is not their personal ruling

Judges Mian Saqib Nisar and Ejaz Ahmad Chaudhry also ruled that Pakistani women cannot keep their children away from their fathers following a divorce, whatever the circumstances.

what is wrong here? every court says the same a mother cannot keep children away from their father similarly a man cannot keep children away from their mother.

 

[VCheng]

Again, for the umpteenth time, it is not up to the judges to ask for amendments to the laws that they must implement. It is up to the people to demand any changes of their legislators. Making a thread to attempt such vilification is simply wrong and will go nowhere. The judges are awake and passed a verdict according to the law. Don't like the verdict? Get the law changed (and no, it is not the judge's job to do that for you).

They have given ruling according to the law so if we want to change it we need to change the law. it is not their personal ruling

Exactly correct. Thank you.

 

[Dubious]

They have given ruling according to the law so if we want to change it we need to change the law. it is not their personal ruling

I admitted the article is stupid....My only concern is the part in red

what is wrong here? every court says the same a mother cannot keep children away from their father similarly a man cannot keep children away from their mother.

The wrong bit is

whatever the circumstances.

No law says that....Laws in NORMAL countries say mothers cant keep the child away from the parent IF THE PARENT is NOT a threat to the child not WHATEVER THE CIRCUMSTANCES!

Any lawyer here ? would appreciate you expert input.

@DESERT FIGHTER @Ghareeb_Da_Baal

Courts and judges do make mistakes. Influential people do get rulings in their favour too. But judges are smart and educated people. They refrain from making sweeping remarks like whatever the circumstances so I believe either these remarks were not made at all or were made in an entirely different context. Only sure way to know is get a copy of decision for a nominal fee. Our judges are corrupt but they are no fools. Please don't make an impression without confirming the facts.

It however goes without saying that our judicial system needs a major overhaul. System surely is biased in favour of elites and influential.

THIS I can agree with! Since most of the article is tailor made for many who want to bash the system

Last bit is what the article WAS SUPPOSED to highlight but it took a bashing spree first

 

[Spring Onion]

I admitted the article is stupid....My only concern is the part in red


The wrong bit is No law says that....Laws in NORMAL countries say mothers cant keep the child away from the parent IF THE PARENT is NOT a threat to the child not WHATEVER THE CIRCUMSTANCES!

I sense these words in bold are an extra addition by the writer and NOT the part of the verdict or the statement of the judge because if I am NOT wrong then there is no such word or words in the law.

 

[Sneaker]

In India we have a system whereby judges can strike down any law if it violates the basic structure of our constitution. It has been used on multiple occasions. Is there a similar arrangement in Pakistan. Can Judges only implement law..?

No. Only supreme court and 4 HCs (Delhi, Chennai, Mumbai and Kolkata) can do. That too if petition is filed against the law and not during a case. Recent decriminalizing of homosexuals is example...

 

[AgNoStiC MuSliM]

It is Islamic ruling and you people can't make fun of that i will explain it to you suppose woman keeps children with herself and marries again from step father they can't inherit anything but if they stays with father they will inherit all of his possessions.

Why can't the woman keep all her share of the property she inherited from her father?

Plus, why shouldn't the assets of the father and mother (or fathers and mothers) be divided equally among all legal children, assuming no wills changing inheritance allocations? There is no need to complicate inheritance laws.