Im a Pakistani Muslim married to Aussie girl

Islamic marriage then?

Hi,
Sorry to hear about your case. I know how hard it is not to have your child with you.
I have had clients in the past, who have had similar cases as yours.

You asked: “if i think of coming to australia...how wrong she can go against me being male...how can she further drag me....and incase if i want to leave her then what are the implications....”

Firstly, since you were married in Pakistan and the marriage was registered there, it is legally recognised as a valid marriage even under the Australian Law. Because you are her husband under laws of both countries, you have rights equal to any other Australian citizen under the Australian laws. She cannot go against you just because you are a male!! There is no such bias in the courts system here. The law is equal for all.
I assume you haven’t done anything terribly wrong, eg criminal acts. I assume your negotiations are informal at the moment, and the court is not involved (and that’s even a more positive sign for you- meaning: you will NOT be wronged, since you are not in the legal dispute). Everything is informal and the negotiations between you two are taking place (as you mentioned).
But it is natural, that the mother would be given more preference over the father regarding child custody. However there have been cases where the father HAS gotten custody of the child (this depends on lots of factors).

Secondly, the question of her further ‘dragging you’, I am not sure what you exactly mean by that. But if you mean regarding involving you in court case, then that is not an issue, you have nothing to fear. Australian laws also cater to fathers a lot. Like someone else mentioned here, have a read of the Family Law 1975 especially section 7, as that relates to your child’s case. Here is the link:

http://www.austlii.edu.au/au/legis/cth/consol_act/fla1975114/index.html
   

Lastly as for divorce, divorce in Australian legal system is given only if both of you have been Separated for more than a year. So if you come to Australia, it would mean that the separation time between you two would have decreased, therefore reducing the likelihood of divorce and this would work in your favour as a father where your child is concerned.
It would also show that you have spent time with your child, giving support etc, being involved in your child’s life etc, thus further strengthening your case in what’s in the ‘child’s best interest’ according to Family Law Section 7, division 1, 60CA.

In conclusion I would say that you coming to Australia would strengthen your case. It would actually work in your favour since that would show your involvement in your child’s life and welfare. You have equal standing in your marriage under the Australian law. You have solid legal standing.
Best of luck,
Regards,
Andrew.

Im extremelty thankful for your kind responses and detailed guidance....seems like there are still great ppl left in this world.....thanks from the bottom of my heart....


Now im in a catch 22 situation....from religious point of view what she has done is haram...but the law still gives the chance to negotiate...well islam also advocates that...!

She was one girl i was not happy with to be honest...she used to throw tantrums n criticize on every thing...though i never asked to work....she was a houswife but she never ever even served me a glass of water....she was living with me as if she was living in a guest house seriously....and she was very adamant and in hurry to cincieve...as if she had sometihng to achieve...she used to even cry....to take me in pressure...it was just when she got pregnant she sarted showing true colors....

When she left she fled with valueables n clothes....we lodged a complain about her and her family in police.....but by that time they wrapped, packed and left from pakistan....as if the marriage was joke.


Now she hold no place in my heart because she has opted to step out of my life herself...even the thought of living with her gives me night mare because i have lost trust on her....she is bold enough to take any step in future as well....the dirtiest role was played by her parents....when my parent started negotiation...the openly said that they have nothing to do with it....and will not advise her to take any steps.....now here comes the principle conflict....as mine was a typical arranged marriage...decided by the elders and when things are going wrong ...her parents have chickened out...

They are giving me too much pain...the dont give me the contact number, nor the address as i wanted to send some stuff for my infant child....they send me my son's pics after 2 months.......and my brother in law called me once and told me that they will not let my son to come to pakistan.....who is he to decide about my childs living....


Dear brothers and sisters I am really worried as my personal and work life is being disturbed,....as im thinking about this matter all the time....i have no relative in Australia.... and I dont trust my in laws as they by tring to call me to australia...can get me caught me in a false charge....
Your guidance and help will give me a better direction to lead....i have no space for her left in my life....i just want my son back whom she is not willing to hand over me any time in future....bmy only worry is how will they take care of my son....and probably poison him against me.....

Salam,
        Dear brother you should reconciliate. According to the Pakistani Law you can file a suit against her of "Conjugal Rights". According to the Pakistani law you have right that your wife live with you and you can enforce it. But when you will use your rights she will file divorce ( Khulla ) in Pakistan. So, Its better to you dont take any action against her. You should work with patience. You should not give divorce to her. You should give her time may be she will come to the right Path. According to the Pakistani Law you can not get your child untill for son 5 years age and for daughter 7 years age.
        I am a Pakistani Lawyer if you want to ask me anything feel free to contact me. Thank You

but i cant just wait forever? because she is very firm for not coming back....im more interested in child!
What can happen if i remarry?
I dont even know their address in Australia...and none of their blood relative is here in pakistan....thay all ran back to australia....

We only talk on phone...and she says she is never going to come back to pakistan ever....if i go to pakistan family courts then will the australian govt be bound to send her back....please explain thanks

sillysillly i am a Lawyer from Pakistan telling him according to the Pakistani Law.

dear Ejaz....thanks a bunch.....looking forward to your valueable reply...tc

              Irfan Aleem      VS        Farah
                   Maryland ( United States )

(May. 02, 2008) On May 6, 2008 the Maryland Court of Appeals declined to recognize a Pakistani "talaq" divorce, holding that the practice conflicted with Maryland public policy and the Maryland Constitution.

Farah and Irfan Aleem, citizens of Pakistan, were married in Pakistan in 1980, but have resided in Maryland for the past 20 years. Farah filed for divorce in Maryland. Her husband Irfan filed an answer in which he raised no jurisdictional objections. Before proceedings were complete, and without notifying his wife, he visited the Pakistani Embassy in Washington, D.C., and there performed talaq, an Islamic divorce practice which has been incorporated into Pakistan's secular law. Only a male is allowed to perform talaq unless he grants the right to his wife. Irfan claimed that under the law of Pakistan, talaq removed jurisdiction over the divorce proceedings from Maryland's courts.

The Court of Appeals examined both Maryland and federal precedent on the issue of comity with other nations' laws, finding that judgments of foreign states need not be recognized as valid if they are contrary to public policy. The court then noted the contrast between Pakistani and Maryland law regarding property division: in this case, under Pakistani law the wife would get nothing, while under Maryland law, she might be entitled to up to one half of two million dollars. In addition, the Maryland Constitution contains a provision requiring equality of the sexes under the law, which is violated by the talaq procedure. The court noted a further constitutional problem: a wife could never be guaranteed access to due process of law during divorce proceedings if the husband could, without notice, terminate the proceedings by visiting the Pakistani embassy and performing talaq.

The court found the Pakistani statutes recognizing talaq divorce conflicted with the public policy of Maryland, and declined to afford comity to them. (Aleem v. Aleem, No. 108, Sept. Term 2007 (Md. May 6, 2008),
     

        This case will clear your mind. Foreign Decision will not accepted if it conflict with Local Laws.

You can send Divorce Paper. Here is the foreign divorce Law.
             Family Law Act 1975 Australia
Family Law Act 1975_ Section 104 deals with foreign divorce, according to this section Foreign divorce will be valid and recognized legal in Australia.

i think you should see your son before divorce, because then you can never have his custody. she cant do anything to you here because you not aussie. The worst case scenario if anything you will be respectfully deported. does she want divorce?