Court Marriage Procedure In Pakistan
Marriage is the legal union of a man and a woman as husband and wife with mutual consent. Under Muslim Personal Law, ‘Marriage or Nikah’ is a religious legal contract that regularizes the sexual relationship between man and woman. We all would agree that we as humans have certain needs to fulfill. We are social animals and we all need partners to live a peaceful family life. But due to some social and so-called ethical customs and restrictions, our society has made marriage with the mutual consent of a female and a male too difficult.
Court Marriage Procedure In Pakistan
In Pakistani society, women are considered property of men and are suppressed by men even in this modern era. They are treated like slaves and are not allowed to marry according to their will. Their parents want to marry them with whom they want, whether it’s against her will. Marrying with her own will is considered an act of sin due to the fundamental psyche of this society. Court marriage is the procedure of marrying according to their own will with whoever they want. The Constitution of Pakistan allows every citizen to choose their partners freely. The consent of marrying at will is defined in the constitution. According to the Pakistan Muslim Family Law Ordinance 1961, every individual is independent to choose his/her life partners and the state is bound to protect the couples’ rights to their free will of marriage. The Sharia also permits the free will of couples to marry, making it acceptable by legal as well as sharia laws
Court Marriage in Pakistan
Court marriage in Pakistan is not that complicated as most people consider it. Rather it is very simple and easy. The court marriage is an official union of a man and a woman which is solemnized under the court of law. Court marriage is solemnized with the help of a lawyer and is conducted in front of the Registrar/Magistrate, who makes the marriage legal and official. The Nikah-Nama which is also known as a marriage contract is issued and registered by the local Nikah Registrar. And the Nadra marriage certificate is issued by the Union Council of your locality. Here it is important to know that the registration of a marriage is necessary as the non-registered marriage is considered a criminal offense. One might think about the consequences of court marriage, especially in Pakistani society. We live in a traditional society and people are not given their basic rights as given by the law. We may hear the stories of serious reactions of the families towards the marriage of choice by a couple. In some cases, the bride’s family lodges an FIR of abduction and charges for Zina against the husband of their daughter and his family for harassment and later demand a divorce. However, the statement of the girl invalidates the FIR and makes it baseless.
Marriage Registration in Pakistan
There are certain requirements that must be met in order to arrange a court marriage registration, whether it’s online or physical, which are:
1- The groom and the bride’s age should be a minimum of 18 years at the time of court marriage in Pakistan
2- There must be free will and consent of both the bride and the groom without any pressure or threat.
3- The court marriage will be solemnized between the opposite sex, which means gay and lesbian marriages cannot be taken place as per Pakistani law.
PROCEDURE OF COURT MARRIAGE IN PAKISTAN
The procedure of Court Marriage in Pakistan is stated below:
1- The couple will be arriving at our office at the set time. To make a procedure smooth and quick, we will arrange Nikah Khuwan / Nikah Registrar, Stamp vendor, Notary Public or Oath commissioner
2- Consultation with our lawyer regarding the matters of dower/Maher and other related matters that protect the rights of the couple
3- Nikah will be solemnized by the Nikah Khawan as per the Islamic tradition. The nikah will be registered by the Nikah registrar. However, the Nadra Marriage Certificate will be issued by the local Union Council later.
4- Followed by the Nikah the bride will be required to sign an affidavit showing her affirmation, which will be attested by the Notary Public or the Oath Commissioner
5- In order to ensure the protection of the couple and any unfortunate action by the parents or families of the bride and groom, a statement of the bride shall be recorded before the Session Judge through filing a petition.
THE PROCEDURE OF MUSLIM COURT MARRIAGE IN PAKISTAN
The procedure of court marriage in Pakistan is very easy and simple. You need to contact us at least 2 days in advance for your court marriage. It will allow us to prepare all the required documents for your court marriage. To solemnize your court marriage, we will take you to the court where both the bride and the groom record their statements and show your free will and consent in front of the Magistrate. It is important to note that no court marriage in Pakistan could occur in case of any pressure or compulsion to any party.
THE PROCEDURE OF HINDU COURT MARRIAGE IN PAKISTAN:
The procedure of Hindu court marriage in Pakistan is more or less similar to that of the Muslim court marriage. Earlier, Hindu court marriages were not registered in Pakistan. However, The Hindu Marriage Act 2017 which was passed in the National assembly allows Hindu court marriages to be registered in Pakistan. The only requirement for the Hindu court marriage in Pakistan is that both the bride and groom should be a minimum of 18 years old and should not be previously married. Moreover, in order to qualify for the Hindu court marriage in Pakistan, both of the parties should not be within the prohibited degrees of relationship. The marriage will be registered through the marriage registrar appointed by the Government. The Hindu marriage certificates are called Shadi Parat.
However, after marriage, if it is found that the above Hindu court marriage criteria were not met before the marriage then the marriage shall be null and void. Furthermore, if there is no sexual intercourse between the couple or if the marriage resulted through any fraud or any force, in that case, any of the spouses are allowed to file a case in the court and appeal to consider the marriage as invalid. If you belong to the Hindu community and require further information regarding the Hindu court marriage in Pakistan then call us today at 0316-6644789 or visit our website court-marriage.com and speak to our experienced court marriage lawyer. Our lawyers are ready to provide you with a free consultation regarding the entire procedure of Hindu court marriage in Pakistan.
THE PROCEDURE OF CHRISTIAN COURT MARRIAGE IN PAKISTAN:
The Christian court marriage in Pakistan is also similar to the Muslim or Hindu court marriage. The basic requirements of court marriage are the same. The Only difference between the Muslim and Christian court marriage is that the marriage ceremony will be solemnized in front of the Father (Padri) at the church. The rest of the procedure of Christian court marriage is the same.
DOCUMENTS REQUIRED FOR COURT MARRIAGE IN PAKISTAN
We require the following documents from you in order to solemnize your court marriage in Pakistan:
1- CNIC copies of the bride and the groom.
2- In case, you do not have a CNIC, then we need a B form or any other educational document like a matriculation certificate to use as evidence of your age.
3- CNIC copies of two witnesses. In case you do not have witnesses, then we will arrange witnesses for you.
4- In the case of a second marriage, then you need to submit the Divorce or Death Certificate. Also, a permission letter from the Union Council is required for the second marriage.
5- An Affidavit of the bride as evidence of her Free Will and consent (we will arrange the affidavit for you).
WE WILL GIVE YOU THE FOLLOWING DOCUMENTS AFTER YOUR COURT MARRIAGE:
After the successful court marriage procedure in Pakistan, we will provide you with the following documents which you can use as evidence for your legal and official marriage.
These documents will provide you security and protection against any unfortunate event which you may face by your family in the future.
1- Attested copy of the marriage certificate
2- Attested copy of the petition
3- Attested copy of the affidavit
4- Attested copy of the statement before the court
5- Attested copy of court orders to ensure your legal safety and protection
How Right Law Associates Can Help You in Court Marriage in Pakistan?
Right Law Associates is a team of proficient civil lawyers who are experienced in family cases. We deal in court marriage, online marriage, child custody, and other civil cases.
We create awareness among the masses regarding the legal rights given by Pakistani law, which most people are not aware of. We understand that civil cases are delicate and sensitive therefore we respect and ensure the client’s privacy.
Before taking any civil case, we gain the client’s trust by providing them full guidance and support regarding the court procedures. Events like court marriage and online marriage are of high importance in the lives of people. Therefore, we pursue each case with delicacy. Our expertise in the field allows us to solemnize court marriage and online marriage with perfection.
Right Law associates have offices in Karachi and Islamabad. You can call us today at 0316-6644789 for free guidance and consultation regarding court marriage in Pakistan. You can also visit our website court-marriage.com. Our expert court marriage lawyers in Karachi and Islamabad will assist you with their best court marriage services.