..::Concept of COURT MARRIAGE in Pakistan?

It is observed that couples who decide to get marry have lack of information regarding court marriages.

For more understanding, this article is divided into questions and answers.

Question: What is concept of Court Marriage in Pakistan?

Answer: The word “Court Marriage” is not defined anywhere in any Pakistani laws relating to marriages. Such marriages are solemnized with the help of a lawyer and authorized by the court of law and issues Nikkah Namma (Marriage Certificate). Concept of such marriages came into Indian sub-continent from the English law.

Question: How to do Court Marriage in Pakistan?

Answer: It could be a bit hard for those who wish to marry with the will of their parents but when they don’t get what they want the look for different alternatives. One should have the following information regarding court marriage procedure in Pakistan.

Both should be above 18 years of age.

Both must have legal proof of age.

Two passport size photographs of female are required.

Contact a good court marriage lawyer.

Question: How much court marriage cost in Pakistan?

Answer: The cost depends upon the City where you are planning to get marry.

Question: What Documents are required for Court Marriage in Pakistan?

Answer: Both should have the proof of 18 years of age and have document proving their age e.g. CNIC, Passport, Educational Certificate, Form B etc.

Question: How to marry with Foreign National in Pakistan?

Answer: The foreign national the marital status should be single. He/she should get and carry a “No Impediment to Marriage Certificate” from his/her country. This certificate is called by different names in different countries. Copies of passport and would also be required from foreign national.

..::What is Legal Procedure of Court Marriage in Pakistan?

Procedure of Marriage:

Under the law a girl having age of 16 and boy of 18 years with their own free will and consent can get into marriage  without the consent of their parents. For verification of age and other particulars they have to provide the copies of their  CNIC or other documents.

The girl has to personally appear before judicial officer or oath commissioner to sworn through affidavit that she is sui juris and aged more than 16 years and she with her own free going to marry with Mr. A.B.C and on the basis of her free will their Marriage/Nikah will be performed. For marriage performance at least two witnesses are required.

The marriage will be registered in the local union council. The registrar of marriage will prepare and issue Nikah Nama and the Secretary of Union Council will issue a computerized Marriage Certificate.

Documents Required For Court Marriage

(Boys need to have attain the age of 18 and ladies above 16 years)

Affidavit:

(Affidavit must attest by justice of Peace, Oath Commissioner or Notary community Public)

Documents required for proof of age and Names.

(CNIC, “B” form and Educational Certificates (any of these).

Photograph:

(2 Passports dimension photos of both Boy and Girl.

Witness:

2 Witness with CNIC, License, Passports, (any of these)

Divorced:

If any individual is divorcee –Copy of the Decree of Divorce offered by the union council or Judge is required.

Death Certificate:

If any individual is widow or widower – Deaths Certification of deceased partner.

Court Marriage Judgement

Citation Name  : 2010  PLD  61     QUETTA-HIGH-COURT-BALOCHISTAN
  Side Appellant : Mst. GIRAN NAZ alias SHAGUFTA BIBI
  Side Opponent : State
 
Arts. 4, 31, 35 & 199—Constitutional petition—Petitioners sought directions to Superintendent, Dar-ul-Aman to arrange their marriage and release female petitioner from Dar-ul-Aman thereafter—Court below did not permit petitioners to contract court marriage and set the pre-condition of settlement with the parents of the girl and her custody to them-Validity-Article 4 of the Constitution mandated that no person could be prevented from doing or be hindered in doing that which was not prohibited by law and that it was an inalienable right of every citizen to be treated in accordance with law—Law did not prevent an adult lady from marrying an adult man of her choice—Article 35 of the Constitution required the State to protect the institution of marriage—High Court ensured during hearing of the case that female petitioner was old enough to understand the ramifications of her decision, therefore, petitioners could not be prevented from marrying each other—Orders of courts below were set aside and Superintendent Dar-ul-Am

..::Court Marriage and Procedure in Pakistan

Citation Name  : 2010  PLD  61     QUETTA-HIGH-COURT-BALOCHISTAN
  Side Appellant : Mst. GIRAN NAZ alias SHAGUFTA BIBI
  Side Opponent : State
Arts. 4, 31, 35 & 199—Constitutional petition—Petitioners sought directions to Superintendent, Dar-ul-Aman to arrange their marriage and release female petitioner from Dar-ul-Aman thereafter—Court below did not permit petitioners to contract court marriage and set the pre-condition of settlement with the parents of the girl and her custody to them-Validity-Article 4 of the Constitution mandated that no person could be prevented from doing or be hindered in doing that which was not prohibited by law and that it was an inalienable right of every citizen to be treated in accordance with law—Law did not prevent an adult lady from marrying an adult man of her choice—Article 35 of the Constitution required the State to protect the institution of marriage—High Court ensured during hearing of the case that female petitioner was old enough to understand the ramifications of her decision, therefore, petitioners could not be prevented from marrying each other—Orders of courts below were set aside and Superintendent Dar-ul-Aman was directed to arrange the marriage of petitioners and allow the female to leave Dar-al-Aman—Petition was accepted.

Court Marriage Law in Pakistan

Citation Name  : 2010  PLD  61     QUETTA-HIGH-COURT-BALOCHISTAN
  Side Appellant : Mst. GIRAN NAZ alias SHAGUFTA BIBI
  Side Opponent : State

Arts. 4, 31, 35 & 199—Constitutional petition—Petitioners sought directions to Superintendent, Dar-ul-Aman to arrange their marriage and release female petitioner from Dar-ul-Aman thereafter—Court below did not permit petitioners to contract court marriage and set the pre-condition of settlement with the parents of the girl and her custody to them-Validity-Article 4 of the Constitution mandated that no person could be prevented from doing or be hindered in doing that which was not prohibited by law and that it was an inalienable right of every citizen to be treated in accordance with law—Law did not prevent an adult lady from marrying an adult man of her choice—Article 35 of the Constitution required the State to protect the institution of marriage—High Court ensured during hearing of the case that female petitioner was old enough to understand the ramifications of her decision, therefore, petitioners could not be prevented from marrying each other—Orders of courts below were set aside and Superintendent Dar-ul-Aman was directed to arrange the marriage of petitioners and allow the female to leave Dar-al-Aman—Petition was accepted.

..::Best Law Firm in Pakistan

FREE LEGAL CONSULTATION

You are welcome to contact us through Email and Telephone.

ZAMAN VARDAG  Law Associates

A Pakistani Law Firm

Office:    http://pakistanilaws.wordpress.com/contact-us/

Lahore, Pakistan

(Please take appointment before visit)

Contact Through:

Email:  zamankhanvardag@yahoo.com

Cell #: 0092 333 424 1182  ( 03.00 pm to 07.00 pm Pak time)

Skype: zaman-khan786