Procedure of Court Marriage in Pakistan:
According to Pakistani laws a male and female who have attained the age of 18 years can get into marriage with their free will and consent. Pakistani laws give liberty and protection to such to such marriages. Court marriage is legal and valid according to laws applicable in Pakistan and it is acceptable and recognized all over the world.
For verification of age and other particulars the male and female have to provide the copies of their CNICs or other documents as a proof that they have attained the age of 18 years. If they don’t have documentary proof of their age then they must sworn affidavits that they have attained the age of Majority/Puberty.
The girl has to personally appear before judicial officer or oath commissioner to sworn through affidavit of her Free Will that she is sui juris and with her own free will she is going to marry with a man of her own choice.
That after all the required documentation their Nikah/Marriage will be performed and registered in the concerned union council. The Nikah Registrar will prepare and issue Nikah Nama and the Secretary of Union Council will issue a Computerized Marriage Certificate.
Before or after court marriage if somebody creates harassment to the male and female, they can file writ petitions in the court of law for protections of their life and family. If somebody get register any false FIRs against the male and female, they can file a writ petition in the High Court for the quashment of such FIRs
Documents required for Court Marriage:
- Male and female must provide the copies of their CNIC, “B” Form or Educational Certificates as a proof of their age and other particulars).
- Affidavit of female regarding her Free Will, Matrimonial Status and age (Affidavit must attest by justice of Peace, Special Magistrate or Oath Commissioner).
- Affidavit of male regarding his Matrimonial Status (Affidavit must attest by justice of Peace, Special Magistrate or Oath Commissioner).
- Permission of 2nd marriage: In case of 2nd marriage the male has to provide the documents for permission of second marriage.
- Photos of Female and Male: 6 Passports size photos of both male and female will be required to be affixed on documents.
- 2 Witnesses of marriage having CNIC or Passports for verification of their particulars.
- A divorced male and female must provide the Copy of the Divorce Certificate issued by the union council.
- If anyone is widow or widower they must provide Death Certificate 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|