..::Nikahnama Form in Pakistan should be reformed

…posted by Pakistani Law Firm………………………………………………………………………………………………………………………………………………….: Pakistan‘s society is changing fast, but laws are not changing by state according to the society requirements.

 Courts are bound to the existing laws; and justice cannot achieve by the people due to defects of laws.

For example, in big cities, a large number of family cases are pending for adjudication in family Courts. However, in many cities, for example,  , Family Courts are built separate from ordinary Courts. How do family Courts quickly decide cases? Here are some suggestions to reduce family litigations or quickly decide family cases.

50-years before, the Muslim Family Laws Ordinance, 1961 had become status of act, which does not amend still. And nakahnama introduced according aforesaid law, which does not fulfill requirements of present day. Here are some suggestions to amend nakahnama as mentioned below:-

1.         Name of bridegroom with detail description of his education, profession, property, and monthly income.

2.         Name of bride with detail description of her education, profession, property, and monthly income.

3.         Whether spouse will live under joint family system, separate or otherwise?

4.         To attached complete list of dowry articles with nakahnama, which become part of nakahnama.

5.         How do many expenses incurred by bridegroom on bride monthly?

6.         Whether bride share her income in house expenses, and what is ratio?

7.         Most nakah registrars are not well-educated. And some columns of nakahanma are crossed by nakah registrar, which relates to divorce right or other rights of bride. Nakahnama is a public document. Therefore, nakah registrar should be appointed by a legal persons.

8.         All columns of nakahnama should be filled by nakah registrar compulsory.

By: AZMAT ULLAH WARRAICH Advocate High Court