Domestic disputes and conflicts in marital relationships sometimes escalate to situations where an individual feels unsafe. In such cases, the question arises: can one obtain a restraining order against their spouse in Pakistan? The answer is yes, under specific circumstances, and the legal framework for this is provided in Pakistan’s laws.
This article explores the legal provisions, procedures, and judicial precedents related to obtaining a restraining order, along with frequently asked questions to clarify common doubts.
Understanding Restraining Orders in Pakistan
In Pakistan, restraining orders are generally sought under the provisions of family laws, civil procedure laws, and criminal laws, depending on the nature of the case. The primary laws that govern restraining orders against a spouse include:
- The Family Courts Act, 1964
- The Code of Civil Procedure, 1908 (CPC)
- The Pakistan Penal Code, 1860 (PPC)
- The Prevention of Violence Against Women Act, 2016 (Punjab-specific law)
Relevant Laws and Sections
- The Family Courts Act, 1964
Section 5 of the Family Courts Act allows family courts to deal with disputes, including domestic violence or harassment by a spouse. - The Code of Civil Procedure, 1908
Under Order XXXIX (39), Rules 1 and 2, an individual can file for a temporary injunction, commonly referred to as a restraining order.- Original Term: “عارضی حکم امتناعی”
- The Pakistan Penal Code, 1860
Section 509 of the PPC criminalizes harassment and indecent behavior. This section can be invoked alongside a restraining order in cases involving abuse. - The Prevention of Violence Against Women Act, 2016 (Punjab-specific law)
This law provides protection mechanisms for women, including immediate protection orders for victims of domestic violence.
How to Obtain a Restraining Order Against a Spouse
Step 1: File an Application
To obtain a restraining order, you need to file an application in the relevant family or civil court. Depending on the circumstances, the case might fall under family law or civil law jurisdiction.
Step 2: Present Evidence
Evidence supporting your claim is crucial. This could include medical reports, witness statements, or records of prior incidents of harassment or abuse.
Step 3: Court Hearing
The court evaluates the application and supporting documents to determine whether to grant a temporary or permanent restraining order.
Step 4: Issuance of Order
If the court is satisfied, it will issue a restraining order directing the spouse to refrain from certain actions, such as:
- Approaching or contacting the applicant.
- Entering the applicant’s residence.
- Committing further acts of violence or harassment.
Judicial Precedents
- Lahore High Court
In a landmark decision, the Lahore High Court in PLD 2017 Lahore 123 emphasized the right of women to seek protection from domestic abuse through restraining orders under the Family Courts Act. - Supreme Court of Pakistan
The Supreme Court in 2018 SCMR 1535 upheld a restraining order issued against a spouse in a case involving mental and physical harassment, highlighting the importance of safeguarding vulnerable parties.
FAQs: Frequently Asked Questions
- What is a restraining order called in Urdu?
“حکم امتناعی” - Can a husband file for a restraining order against his wife?
Yes, restraining orders are not gender-specific and can be filed by either spouse based on credible evidence. - How long does it take to get a restraining order?
Temporary restraining orders can be issued quickly, often within days, while permanent orders may take longer, depending on the case. - What evidence is required to support a restraining order application?
Medical reports, witness statements, photographs, or police reports can support your application. - Can a restraining order be challenged?
Yes, the respondent can contest the order in court. - Does a restraining order lead to divorce?
No, obtaining a restraining order does not equate to divorce but may indicate severe marital discord. - Can I request a restraining order without a lawyer?
While possible, it is highly recommended to hire an experienced lawyer to navigate legal complexities. - Are restraining orders enforceable across Pakistan?
Yes, restraining orders issued by a competent court are enforceable nationwide. - What is the penalty for violating a restraining order?
Violating a restraining order can result in criminal charges, including fines and imprisonment under Section 188 of the PPC. - Can I modify or extend a restraining order?
Yes, you can apply for an extension or modification through the court.
Need Legal Assistance?
If you need help obtaining a restraining order or dealing with related legal issues, consult:
Azam Ch Advocate
Sattaria Law Associates
220, 221, 222 District Courts Okara
Google Map: https://maps.app.goo.gl/qTEKtiAxwGUqdm5x7
Mobile & WhatsApp: +92 300 6954414
Website: www.azamchadv.com
