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.

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