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 court marriage in Pakistan. What is the legal procedure? What documents you required to Do Court Marriage in Pakistan.
In this article, You will know about the following topics:
Basic Concept of Court Marriage
As you well know that in both India and Pakistan, most of the laws came from British Law. Both India and Pakistan then amend them according to their needs. This court marriage concept also comes from British Law or English Law. Earlier the Court Marriage was solely based upon the social customs and religion of parties for entering into the contract of marriage.
With the passage of time, this concept was kept changing and its the shape as it is evident today. The Court Marriage is defined in many other developed nations. These nations have their own 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 over the world, the basic concept of marriage is to flourish the family. In Pakistan, the concept is also not different. Although, in the Pakistani family system, court marriage is regarded as not acceptable degrading. The traditional and religious marriages especially the Islamic Marriage concept is 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 do court marriage.
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 court marriage in Pakistan.
A male and female who have minimum attained the age of puberty (18 years) can get into marriage. The Law in Pakistan gives the protection and liberty to such 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 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 got register 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 of the court marriage in Pakistan if anybody harasses the girl of 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 again 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
The doing 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 Oath Commissioner.
- The male partner must give an affidavit regarding his matrimonial status (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 male and female must provide 6 passport size photos.
- Both males and females must provide the 2 witnesses from each side who have valid NIC.
- If any of them is already a divorced person then the copy of the divorce certificate is also required.
- If anyone is a widow or widower they must provide Death Certificate of a deceased partner.
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To sum up, what has been said above is court marriage is growing day by day in Pakistan. There are some rules and regulations to be followed if you want to do court marriage in Pakistan. For doing Court marriage you 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.