What is legal 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 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 Passports, 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 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 scrutiny of 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 Passports, 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
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