Muslim court marriage in Pakistan
Looking For muslim Court Marriage in Pakistan?
Muslim court marriage in Pakistan If the male and female is get married in the court with the permission of the court without the permission of wali/parents this is called court marriage. Generally those couple comes in the court for the Muslim court marriage in Pakistan whose parents don’t want their daughter to get marriage with that guy with whom their daughter loves him and want to marry at any cost. Therefore in the absence of the consent of parents of the couples especially the parents of the girl when forbade their girl to marry the specific guy than it happened. Sometimes when the girl contracted the marriage without the permission and consent of the parents, they lodge the false FIR for abduction of the girl and committing the zina against the newly husband of their daughter and his family for creating harassment and sometime get divorce forcibly. However on the statement of the girl the FIR is quashed accordingly.
Muslim Court Marriage in Pakistan The constitution of Pakistan, the law of land, Islam and Muslim Family Law allow to every adult person to get marry on his/her own choice, accord and freewill. The Superior Courts called that girl sui juirs and accepted their marriage without the consent of parents. And the Courts have accepted the minimum age 16 of the girl for marriage and hold that 16 years girl and above is capable to contract her marriage as per her own wish, Muslim Court Marriage in Pakistan freewill and consent.
Court Marriage Concept
Muslim Court Marriage in pakistan:
Muslim Court Marriage in Pakistan The concept of Muslim court marriage in Pakistan came into the Subcontinent from the English law. Initially, this concept was based on social customs and religion of parties to the marriage contract. But, now it is codified not only in Pakistan but also in India and other countries of the world. India, the United Kingdom, the United States and many other counties have their separate “Court Marriages Acts” which define the procedure of solemnizing a marriage under the supervision of the court.
The basics of human nature and ethical values of all societies are almost the same; therefore, public acceptance of court marriage in pakistan is far lesser than that of traditional and religious marriages. No society likes to keep marriages secret.
If we analyze the situation, we find that a court marriage in pakistan is contracted when one or both parties to the marriage either could not get the consent of their parents or they fear they will not be allowed to marry each other. The situation may also arise due to different social or economic stature of the two families. Differences of religious sects, customs or even enmity and bad blood between the two families may also cause such issue and it leads the parties to solemnize their marriage against the will and wishes of their families. So, the boy and the girl decide to elope and reach the court to get married.
Pakistani Constitution has given Right of Freedom to select a person to get married to. We support the youth so that their requirements must be satisfied through Court Marriage in pakistan.
Legal procedure of Court Marriage in Pakistan
Muslim court marriage in pakistan According to Pakistani laws a male and female who have attained the age of 18 years can get into marriage with their free will and consent. Pakistani laws give liberty and protection to such marriages. Court marriage is legal and valid according to laws applicable in Pakistan and it is acceptable and recognized all over the world.
For verification of age and other particulars, the male and female have to provide the copies of their Passports, CNICs or other documents as proof that they have attained the age of 18 years. If they don’t have documentary proof of their age then they must swear affidavits that they have attained the age of Majority/Puberty.
The girl has to appear before the judicial officer or oath commissioner to sworn through the affidavit of her Free Will that she is Sui Juris and with her own free will she is going to marry with a man of her own choice.
That after scrutiny of the required documentation their Nikah/Marriage will be performed and registered in the concerned union council. The Nikah Registrar will prepare and issue Nikah Nama and the Secretary of Union Council will issue a Computerized Marriage Certificate.
Before or after muslim court marriage in pakistan if somebody creates harassment among the male and female, they can file writ petitions in the court of law for the protection of their life and family.court marriage in pakistan If somebody gets register any false FIRs against the male and female, they can file a writ petition in the High Court for the quashment of such FIRs
Documents required for Court Marriage:
court marriage in pakistan Male and female must provide the copies of their Passports, CNIC, “B” Form or Educational Certificates as a proof of their age and other particulars.
Affidavit of female regarding her Free Will, Matrimonial Status, and age (Affidavit must attest by the justice of Peace, Special Magistrate or Oath Commissioner).
Affidavit of male regarding his Matrimonial Status (Affidavit must attest by the justice of Peace, Special Magistrate or Oath Commissioner).
Permission of 2nd marriage: In the case of 2nd marriage the male has to provide the documents for permission of second marriage.
Photos of Female and Male: 6 Passports size photos of both male and female will be required to be affixed on documents.
2 Witnesses of marriage having CNIC or Passports for verification of their particulars.
A divorced male and female must provide the Copy of the Divorce Certificate issued by the union council.
If anyone is a widow or widower they must provide Death Certificate of a deceased partner.