Marital law in South Africa / Islamic law in Pakistan

This is a discussion on Marital law in South Africa / Islamic law in Pakistan within the Divorce, Separation, Annulment forum, part of the FAMILY LAW, DIVORCE, CUSTODY category; I lost my fiance due to her family forcing her into an arranged marriage in Pakistan. They practicaly took her ...

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Old Jul 31st, 2011, 04:48 PM   #1
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Default Marital law in South Africa / Islamic law in Pakistan

I lost my fiance due to her family forcing her into an arranged marriage in Pakistan. They practicaly took her to the airport without her concent and flew her back to pakistan. I tried getting her back in South Africa before she got married by purchasing plane tickets etc. However, it didn't work out because one of her family members found out that she was planning to escape and took her passport just before the flight. She has been married now for 4 months and we are still in contact secretively. At this point she wants to come back to s.a. and we would like to get registered. Her husband is very tradition and would refuse divorce. They are married under Islamic law in Pakistan. If we do get her back in south africa, would we be able to get registered? If not, how can we go about this?
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Old Jul 31st, 2011, 09:25 PM   #2
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Default Re: Marital law in South Africa / Islamic law in Pakistan

I wish to inform you that as the girl is now married in Pakistan therefore she cannot re-marry untill her present marriage is dissolved. She may however come to South Africa and can stay in South Africa. As the girl is an adult therefore she may come to South Africa without any restrictions and can stay in South Africa. She may obtain temporary residence permit by applying in any of the categories allowed in temporary residence permit.
Further even if the husband does not consent to divorce then also divorce can be taken in Pakistan. In this judicial divorce may be taken in Pakistan by the girl.

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Old Jul 31st, 2011, 11:41 PM   #3
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Default Re: Marital law in South Africa / Islamic law in Pakistan

From the facts it is understood that, she is not interested to continue with the present marriage. She may file for divorce before the Court in Pakistan and get divorce. After getting divorce she can come to SA. Remember she cannot remarry during the existence of first marriage. So it is important she has to get divorce. If she could come to SA she may file for divorce form SA in Pakistan court. For that she has to appoint special power of attorney who will work on her behalf. It is better advised that she may consult with a Family Law Attorney who can give a proper guidance in this regard.
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Old Aug 1st, 2011, 02:20 AM   #4
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Default Re: Marital law in South Africa / Islamic law in Pakistan

Thank you for your response, it really is very helpfull. I think due to the circumstances, it would be best if she files for divorce from S.A. The family she was married into is very traditional and it might turn life threatening if she is not in safe hands, she has no alternative family or friends there, she met him for the first time a week before the wedding date.
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