Pakistani Muslim Divorce in USA

<div class="separator" style="clear: both; text-align: center;"> <a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgMMPGh6TkFZPqIfSIp4LeA8SzJodCWaTQjGsQFTwHUzFsL_lEx3h5VgXohgTf4HbOvNZs3SN5KWgbp-60GowfMzTLgAUIjLhaBPZ881LxlUmZ5mr15UrPNkzKI17eyjJTxXAvZQCBi24A/s1600/Legal+mylaw3.blogspot.com+HD+1.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="166" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgMMPGh6TkFZPqIfSIp4LeA8SzJodCWaTQjGsQFTwHUzFsL_lEx3h5VgXohgTf4HbOvNZs3SN5KWgbp-60GowfMzTLgAUIjLhaBPZ881LxlUmZ5mr15UrPNkzKI17eyjJTxXAvZQCBi24A/s320/Legal+mylaw3.blogspot.com+HD+1.jpg" width="320" /></a></div> Pakistani men residing in the U.S. travel to their homeland to get divorce decrees from Pakistan. They return back to the United States and seek recognition and enforcement of the Pakistani Islamic divorce decree in a state court. This article deals with the issues related to Pakistani Islamic divorce in U.S. courts.<br /> <br /> Following the partition of Pakistan in 1947, the Islamic family law regulating marriage and divorce introduced under the British rule continued to govern until 1961 when the government of Pakistan passed the Muslim Family Law Ordinance (MFLO) to regulate divorce in that country.<br /> <br /> The Constitution of Pakistan requires all laws to be brought in accordance with the Quran and the Sunnah which constitutes the deeds and sayings of Muhammad, the prophet of Islam. Chapter 3A establishes the Federal Shariat Court. The law of marriage and divorce is governed by the rules of Islamic sharia.<br /> <br /> The law requires the age of males entering into marriage to be 18, and for females 16; there are penalties for contracting under-age marriages, though under age marriages in Pakistan remain valid regardless of the age limit. As to the guardianship issue, the law requires the application of the Hanafi School of Jurisprudence allowing a woman to contract herself in marriage without the consent of her guardian (wali).<br /> <br /> The law requires mandatory registration for marriage; failure to register, however, does not invalidate the marriage. Legal constraints are placed on polygamy by requiring the husband to register his marriage at the local Union Council for permission and notification of existing wife/wives. The chairman of the Union Council establishes an arbitration council with representatives of both husband and wife/wives in order to determine the necessity of the proposed marriage. The law requires that the application must state whether the husband has obtained consent from the existing wife or wives. Violation to these rules is subject to fine and/or imprisonment and the husband becomes bound to make immediate payment of "mahr" to the existing wife or wives. However, if the husband does not obtain consent of his existing wife/wives, the subsequent marriage remains valid regardless of the provisions stated in the law; that is because provisions of Islamic sharia are superior to any other law in Islamic countries.<br /> <br /> Under the rules of Islamic divorce in Pakistan, a husband can divorce his wife unilaterally, any time, in any place, and, without any obligation to state a reason for divorce. After the husband announces his divorce statement "I divorce you", three times (triple talaq), the law mandates that the husband gives a notice in writing to the chairman of the Union Council. The chairman must forward a copy of the notice of divorce (talaq) to the wife. Non-compliance with these provisions is punishable by imprisonment and/or fine. The law requires that within thirty days of receipt of the notice of divorce, the chairman of the Union Council must establish an Arbitration Council in order to take steps to bring about reconciliation between husband and wife. If reconciliation is failed, a divorce takes effect after the expiration date of ninety days from the day on which the notice of repudiation was first delivered to the chairman. If the wife is found pregnant during the period following the announcement of divorce, the divorce does not take effect until ninety days have elapsed or the end of the pregnancy, whichever is later. Since the 1980s, and in view of the pressure from Islamic sharia scholars, the practice of the courts in Pakistan is that they validate a unilateral divorce by the husband (triple talaq) by pronouncing "I divorce you" three times, despite a failure to notify the Union Council; this is because Islamic sharia allows a husband to divorce his wife at will, without any provision regarding registration of divorce.<br /> <br /> U.S. State family courts do not apply Islamic sharia because of violation of the Establishment Clause set in the U.S. Constitution. However, state courts can recognize divorce decrees issued in Pakistan on the basis of a doctrine in private international law known as "Comity". Such recognition does not entail an obligation on State Courts to agree with the rulings of a foreign divorce judgment in Pakistan. The Doctrine of Comity is raised when the husband resides legally in the United States, travels to Pakistan, to obtain an Islamic divorce decree from a court in that country, obtains an easy divorce by just stating three times: "I divorce you", or "I divorce my wife", in the presence of two male witnesses or one male and two female witnesses; pays the deferred "mahr", records his divorce in Pakistan, authenticate the documents through proper channels, travels back to the United States, serves his wife with divorce papers, and then seeks recognition and enforcement of the Pakistani divorce by a State Court.<br /> <br /> Recognition of Pakistani Islamic divorce decree by a State court in the United States on the basis of "comity" is not mandatory. State courts may deny recognition and subsequent enforcement if the judge deems the Pakistani law is "repugnant" to a U.S. principle of law. Generally speaking, foreign divorce judgments are recognized on the basis of "comity" if the parties involved receive adequate notices, i.e., service of process, and, generally, provides one of the parties has a domicile in the foreign nation at the time of divorce, and the foreign court has given opportunity to both parties to present their case, and the trial was conducted upon regular proceedings after due citation or voluntary appearance of the defendant, and under a system of jurisprudence likely to secure an impartial administration of justice between the citizens of its own country and those of other countries, and no prejudice towards either party, and should not violate a strong U.S. principle of law.<br /> <br /> An Islamic divorce decree in Pakistan differs substantially with respect to property division and the "mahr" stipulation. Under Pakistani Islamic law of divorce, wives are entitled to the deferred "mahr", which is, in most cases, much less than what a State court in the U.S. grants the wife. State courts may not recognize a Pakistani divorce decree if the cause of action on which the divorce is based is "repugnant" to "Public Policy".<br /> <br /> Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.<br /> <br /> An authorization to republish this article is hereby granted by the author.

Pakistani Muslim Divorce in USA

Pakistani men residing in the U.S. travel to their homeland to get divorce decrees from Pakistan. They return back to the United States an...

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Fixing The House Or Breaking The Law The Scoop On Hiring An Illegal Maid

<div class="separator" style="clear: both; text-align: center;"> <a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiLthf516U8L3C72rvblgaLXxu9NbwM1rdPrgh7e0zMRku2uhiaWqrBToZ31vO8KZfvYE8E6w5Q8UOWbc7JBTicK04aYuYI27Ml1SFdv1nnVXdOELCfqbZjsD9j2GUyhO3p2lp0na_SFqI/s1600/Legal+mylaw3.blogspot.com+HD+10.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="213" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEiLthf516U8L3C72rvblgaLXxu9NbwM1rdPrgh7e0zMRku2uhiaWqrBToZ31vO8KZfvYE8E6w5Q8UOWbc7JBTicK04aYuYI27Ml1SFdv1nnVXdOELCfqbZjsD9j2GUyhO3p2lp0na_SFqI/s320/Legal+mylaw3.blogspot.com+HD+10.jpg" width="320" /></a></div> An illegal immigrant is a person who has crossed a national border in any manner that violates the laws of immigration. People do this for a variety of reasons. Some feel this is their way out of poverty. They come to the United States to look for work. You may come across someone like this who seems to need your help. Perhaps you are looking for an affordable way to keep your home clean. You may consider the possibility of hiring an illegal immigrant as a maid. In that scenario, it would seem that both parties have something to gain.<br /> <br /> Is it Wrong to Hire an Illegal Immigrant Maid?<br /> <br /> On one hand, seeing a person in a desperate situation can naturally make a person want to help. The person may be very nice and just in a bad predicament. Your job offer could help feed this person's family. Another reason people may wish to hire an illegal immigrant as a maid is to possibly get the labor for a lower amount than they would normally pay, because an illegal immigrant will not report them for substandard pay due to having an illegal status.<br /> <br /> On the other hand, when considering whether or not to hire an illegal immigrant maid, it is important to remember that there are consequences that can go along with offering that help. Consider the fact that if you do, you could possibly be charged with a felony.<br /> <br /> An alternative does exist in encouraging this person to apply for the guest worker program, which, if approved, would allow an illegal immigrant to remain legally employed without the risk of deportation. The guest worker program is a way for illegal immigrants to temporarily remain in the U.S. for employment purposes. Qualifying for the guest worker program will take away the risk of deportation.<br /> <br /> Legalities<br /> <br /> As mentioned on FairUS.org, knowingly encouraging or harboring an illegal alien, by assisting him or her in finding work or by providing employment, is a violation of federal law. Employment is defined as any service or labor. Is a maid considered an employee? The answer is not simple. Some may consider maid services to be domestic services.<br /> <br /> According to The Boston Globe, a border protection chief is facing criminal charges for hiring illegal immigrants as maids. Perhaps a solution for him before hiring these maids could have been to encourage the illegal immigrants to apply for the guest worker program. If they had been approved, they could have been legally employed by him.

Fixing The House Or Breaking The Law The Scoop On Hiring An Illegal Maid

An illegal immigrant is a person who has crossed a national border in any manner that violates the laws of immigration. People do this for...

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The Legal Standing of Kratom - Vital Facts Concerning Mitragyna speciosa

<div class="separator" style="clear: both; text-align: center;"> <a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhIrMAWoCo0Y8LfzIFoYW03HQLq1BJ0vs8XVC0jBB6y5NlnmI96DvzyCnoynR5QHSZ0pf6cv9Sqo5vSD5FoIQTjlOWI_6_MLhMDlHedMtgZr_TmTGUx52xG_OmEan5AbJX7NjkhOHvyczc/s1600/Legal+mylaw3.blogspot.com+HD+34.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="204" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEhIrMAWoCo0Y8LfzIFoYW03HQLq1BJ0vs8XVC0jBB6y5NlnmI96DvzyCnoynR5QHSZ0pf6cv9Sqo5vSD5FoIQTjlOWI_6_MLhMDlHedMtgZr_TmTGUx52xG_OmEan5AbJX7NjkhOHvyczc/s320/Legal+mylaw3.blogspot.com+HD+34.jpg" width="320" /></a></div> It's not legal for folks in some countries to shop for Kratom, whereas alternative countries welcome the sale of Kratoms. In some countries anyone who has this drug in their possession is arrested, and brought to jail. A number of the countries that have banned the utilization and purchase of Kratom is Australia, Thailand, Malaysia, and many others. One of the countries where Kratom is legal is the United States. Like any drug, anyone who uses to buy Kratom, or transport it from another country ought to consult the authorities of that country, for a legal status of this herb. Transporting and exporting medicine could be a crime, whether or not the drug is legal in another country. <br /> <br /> In some countries, protestors are picketing the govt for the utilization of Kratom, to be half of medicinal studies, and researches. A lot of protestors in the same country have opposite feeling regarding the illegal use of Kratom. The majority of people in Malaysia are lobbying to make Kratoms labeled as a probably dangerous drug. Although, the law permits individuals to buy Kratom, it is currently on the list of medicine that the DEA will contemplate looking into. The DEA statement indicates that they information of the drug was recent. <br /> <br /> <br /> In the country where Kratom originated from has banned the return of Kratom to its hometown. Thailand officers have banned the employment of Kratom, and have placed an order to destroy all Kratom trees. The law conjointly enforces that the planting of this tree is additionally illegal. Authorities in Thailand places Kratom in the identical class as heroin and cocaine. Even the tiniest amount of Kratom found on a private will warrant the death penalty. The ban of Kratom in countries where Kratom is illegitimate solely will increase black market crime. Criminals or others who have a sturdy interest in Kratom only notice different substitutes to use against the prohibition of drugs, law. The strain that's currently accessible today is Mitragyna Javanica. This species isn't as effective as its counterpart the Kratom is. <br /> <br /> When Kratom is in powder kind, it is placed in applesauce, pudding, or tea. The potency of Kratom makes it a robust nearly lethal herb. There are therefore advantages to using Kratoms as history shows, however there are some disadvantages also. This is often mainly thanks to the illegal and improper use of Kratom. The illegal standing of Kratom makes it prohibited in several countries. <br /> <br /> <br /> JT has been writing articles on-line for nearly two years now. Not solely does this author focus on consumer reviews, health, and self improvement, you'll be able to also check out his latest web site on buy kratom, that reviews and talks about Kratoms, with many tips and discounts.

The Legal Standing of Kratom - Vital Facts Concerning Mitragyna speciosa

It's not legal for folks in some countries to shop for Kratom, whereas alternative countries welcome the sale of Kratoms. In some coun...

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How To Protect A Clothingline

<div class="separator" style="clear: both; text-align: center;"> <a href="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgCPmZhfuPHuAMRFVGD22s2MEECumgaSGhXu8YjW1s9Pkt8PMj-QN0hxAUlxSB1-Rzy0Du5uB__rn6gILFX_5HfMFXfBw1Jjjf_gbo694vDRX5e9ptrGOJIUhsXXcba85rkPCTpdoZowyQ/s1600/Legal+mylaw3.blogspot.com+HD+41.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="134" src="https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEgCPmZhfuPHuAMRFVGD22s2MEECumgaSGhXu8YjW1s9Pkt8PMj-QN0hxAUlxSB1-Rzy0Du5uB__rn6gILFX_5HfMFXfBw1Jjjf_gbo694vDRX5e9ptrGOJIUhsXXcba85rkPCTpdoZowyQ/s320/Legal+mylaw3.blogspot.com+HD+41.jpg" width="320" /></a></div> Trademarks and Clothing Lines: Do I Trademark my T-shirts or Copyright it?<br /> <br /> By far, the most popular question we get is in regards to protecting a clothing line, whether its a small startup t-shirt company or an established name brand apparel company with new designs, logos, or slogans. This article will cover many of the basic questions and quandaries that many clothing lines have. <br /> <br /> What is protectable? Can I protect the name?<br /> <br /> Trademarks<br /> <br /> Having your attorney file a trademark application with the United States Patent and Trademark Office (USPTO), is the way to gain protection of the brand, as it can protect the name, logo, or slogan of the apparel brand. To better understand what is protectable, lets look at the classic example of Nike. Nike, Inc. has several trademark registrations for the word Nike under different classes of goods and services. One registration is filed in connection with their goods of shoes, while a different application is for sporting equipment, and another for backpacks. Further, Nike has several design registrations as well, most notably the swoosh symbol. Additionally, Nike has separate trademark registrations for its slogan Just do it. So as you see, one company may have several trademark applications for the same word or logo, but just under different goods and services. The more trademark registrations a company has, the greater the strength of its intellectual property portfolio. To a startup clothingline, having multiple trademark registrations can attract more investors, and create greater confidence and valuation to your company. <br /> <br /> Clothing has unique trademark issues compared to other goods and services. Most importantly in regards to the filing process, a proper specimen of use must be submitted that shows the name you have used, on the clothing itself, and must appear in the right location and be used in a trademark manner. Inexperienced attorneys typically receive ornamental rejections based on their specimen of use submitted during the trademark application process. That is why it is critical to have an experience trademark attorney file the application the first time. <br /> <br /> Once the application is filed and ultimately approved and registered, the owner of the registration will received nationwide rights to enforce the trademark against other subsequent users. Further, the owner will be able to license, either exclusively or nonexclusively, the right for others to use the trademark name or logo. Licensing can be important to newer clothing companies that have established and created goodwill and a strong following of the brand, but have yet to develop the expertise or resources to manufacturer, distribute, or efficiently sell the clothing. The clothing company can provide a trademark license to a separate company that is more experienced in manufacture, distribution and sales, while the newer company reaps the benefits of the license royalties. <br /> <br /> Copyrights<br /> <br /> Many people ask if they can copyright their clothing designs. It depends. The ornamental designs that will be placed on the face of a shirt should definitely be copyrighted. In fact any unique and original work of authorship, i.e., a unique design, or the graphic or artistic portion that many t-shirt companies use on the face of their clothing can be copyright, assuming it is not substantially similar to another copyright holders work. However, if the artwork is used to identify the brand or name of your clothing company, then trademark is probably more applicable. <br /> <br /> What about general patterns on clothing, can that be protected? Sometimes. For example, I have once litigated a copyright infringement case in which the copyrights were for floral patterns used on fabric of clothing. So certain patterns that are original works for authorship can be and should be copyrighted. So as you see, copyright protects more of the artistic patterns and artwork designs on clothing, whereas trademarks protect the name, logo, or slogan used to identify the brand of the clothing company. <br /> <br /> Patents<br /> <br /> What about the shape and design of the clothing itself, how do I protect that? Protecting clothing designs is more difficult. Neither trademark nor copyright can protect the actual article of clothing. However, sometimes protection may be afforded by patents, specifically design patents. Design patent protection can be granted to nonfunctional aspects of clothing, i.e., the scope of protection only covers the ornamental nature of the design of the clothing. So, it is possible, and we frequently obtain design patents for our clients on unique looking shoes, bags, and other accessories or apparel itself to protect the way it looks. <br /> <br /> Occasionally, an inventor may create some article of clothing that actually performs some specific function or has some utility to it. For example, a shoe that has a built iPod sensory device that can monitor your heart rate. In that case, a patent called a Utility Patent, would be filed. Otherwise, design patents are typically used to protect the aesthetics of clothing. <br /> <br /> Trademark Searching and Clothing Lines, the Most Important Step<br /> <br /> When a new client calls me for the first time consultation and they say they have already started their clothing line and they have picked a name they love, I immediately discuss clearance and searching. Simply because you have picked a name that you are married to, does not mean you can use it. The worst case scenario is that you invest in a name and receive and cease and desist letter or worse a lawsuit telling you to stop and requesting damages and attorney fees. So the name you picked may very well have been trademarked by another company. Thats why it is extremely important to have an experience trademark attorney conduct a search prior to your adoption of a name. Here are some common questions and my typical response to clients:<br /> <br /> Client: But I have registered the domain name and got my DBA, so I am protected, right?<br /> <br /> My response: Wrong, simply registering domain names and a DBA is not actual trademark use. To establish trademark rights, you have to actually use the trademark in interstate commerce. And more important have a federal trademark application filed for you. <br /> <br /> Client: I have filed for a corporation using the name I want to trademark but I have not sold any apparel yet.<br /> <br /> My response: You still have not developed any trademark rights yet. You need to use, i.e., sell the apparel with the trademark on it. <br /> <br /> Client: I did my own search, and mine is different from another registered trademark I found, because the name I want to use is X, Inc. and their trademark is X Clothing.<br /> <br /> My response: You will still most likely receive a rejection from the USPTO, because words such as Inc clothing enterprise LLC and/or apparel and deemed to be descriptive and do not typically distinguish your chosen name from other trademarks. <br /> <br /> Client: I saw a registered trademark with the same name that I want, but they only sell snow wear, and we sell water sports related clothing.<br /> <br /> My response: Since the goods are very similar, you will likely receive a rejection. Only in some cases you can avoid a rejection if the style and market channels of sales of the clothing are different enough.<br /> <br /> Client: Ok, so what should I do?<br /> <br /> My response: We should conduct a trademarks search. First, pick a good, unique, nondescriptive name, so I can conduct a comprehensive trademark search, after which I will discuss with you possible conflicts in light of other existing registered or even pending trademark applications that have priority over your proposed new name.<br /> <br /> Client: What if I have been using the trademark for many years but I never asked an attorney to file a federal application with the USPTO. And now there is a new guy on the block with the same name as me selling the same or similar products.<br /> <br /> My response: Lets investigate to see if you have a claim for trademark infringement. Also, if he filed a trademark application with the USPTO, we may also be able to file an opposition or cancellation proceeding in the Trademark Trial and Appeals Board. <br /> <br /> International Rights<br /> <br /> So when you file for a trademark application for me, am I protected throughout the world? No. Filing a US trademark application with the USPTO will only afford trademark protection within the United States. In order to protect and enforce your trademark against others in different countries, we must file in those individual countries. You must contact me and discuss exactly which countries you are interested in so we can obtain a quote and determine the proper procedure for filing. Sometimes, there may be a streamlined and more inexpensive method to file international trademarks such as using the Madrid Protocol system rather than filing applications in each individual country. <br /> <br /> These are only some of the issues regarding apparel and trademarks and intellectual property in general. As with any legal issue, always consult with a specialist, namely a trademark lawyer before you start or invest in your new venture or line of clothing.

How To Protect A Clothingline

Trademarks and Clothing Lines: Do I Trademark my T-shirts or Copyright it? By far, the most popular question we get is in regards to pro...

Read more »