How to Do Court Marriage in Pakistan

In Pakistan, the trend of Court Marriage is growing day by day. There are several reasons for this. In this article, you’ll learn how to do a court marriage in Pakistan. What is the legal procedure? What documents are required to do a Court Marriage in Pakistan?

In this article, you will learn how to do a court Marriage in Pakistan.

Basic Concept of Court Marriage

As you well know, most of the laws in India and Pakistan came from British Law. Both India and Pakistan then amended them according to their needs. This court marriage concept also comes from British or English Law. Earlier, court Marriage was solely based upon the social customs and religion of the parties entering into the contract of marriage.

With time, this concept was kept changing and has taken its shape as it is evident today. The Court Marriage is defined in many other developed nations. These nations have their system of court marriage with separate rules and regulations.

The Concept of Court Marriage in Pakistan

Marriage is a social contract between a man and a woman. In the world, the basic concept of marriage is to strengthen the family. In Pakistan, the concept is also not different. Although in the Pakistani family system, court marriage is regarded as acceptable, degrading. The traditional and religious marriages, especially the Islamic Marriage concept, are more favorable.

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.

This condition arises due to a lack of trust, social or economic values of different families. Finally, the boy and girl reach out to the court and get married.

The Constitution of Pakistan 1973 has given the Right of Freedom to every citizen to select a person to get married to.

The legal procedure of Court Marriage in Pakistan

There is a legal procedure that must be followed if you want to do a court marriage in Pakistan.

A male and a female who have attained the minimum age of puberty (18 years) can get into marriage. The Law in Pakistan gives protection and liberty to such a court marriage. The Nikah Nama is also a legal and valid document and acceptable in Islamic law, Pakistani law, and in the laws of all over the world.

This legal procedure will be followed:

• Verification of CNIC to verify the age of the couple.
• In the absence of a CNIC, the affidavits in which the couple declared that they have attained the age of 18 years.
• The female will appear before the magistrate to prove her free will.
• The nikah will be performed and will be registered in their concerned union council.
• The Nikah registrar will do the needful for preparing the Nikah Nama, and then the union council secretary will issue the computerized marriage certificate.

Note: if before, during, or after solemnizing the court marriage in Pakistan, if anybody harasses the girl or the boy they the couple has the right to file a writ petition against that person in the relevant family court. If any other person files an FIR against such a couple, then the couple can go to the high court for the cancellation of this FIR.

Required Documents for Court Marriage in Pakistan

For doing a court marriage in Pakistan, the following documents are required:

• Valid CNIC to prove age
• The Female must provide an affidavit of her free will, and the same must be attested by an Oath Commissioner.
• The male partner must give an affidavit regarding his matrimonial status (whether he is married or not married before).
• If the male partner is doing his second marriage, then he must provide the permission of her first wife in the court.
• Both males and females must provide 6 passport-size photos.
• Both males and females must provide 2 witnesses from each side who have a valid NIC.
• If any of them is already a divorced person, then a copy of the divorce certificate is also required.
• If anyone is a widow or widower, they must provide the Death Certificate of a deceased partner.

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Conclusion

To sum up, what has been said above is that court marriage is growing day by day in Pakistan. There are some rules and regulations to be followed if you want to do a court marriage in Pakistan. For doing a Court marriage, you are also required to submit relevant documents as stated above in this article. Now, if you have any questions regarding court marriage in Pakistan, then ask in the comment section below.