Pakistani women’s civil and Islamic rights are met with conflict and compromise in the matrimonial context. Though religious or church weddings are more common, court marriages are on the rise, especially for those who prefer to choose their spouses. The main purpose of this article is to explain the Pakistani courts’ marriage laws in Pakistan by enumerating the formalities, rightful Court Marriage procedure in Pakistan, and its legal consequences.
Legal Framework
The Marriage Act under Pakistan Law includes; the Muslim Family Laws Ordinance 1961, the Family Courts Act 1964, and the Child Marriage Restraint Act 1929. These laws give the legal framework to marriage, court marriage included, within the country.
- Muslim Family Law: The ordinance was enacted in 1961, This Act governs the marriage and family laws for the Muslims in Pakistan. They include aspects such as marriage registration, polygamy, and divorce.
- Family Courts Act 1964: Family courts and the scope of their jurisdiction in terms of marriage, divorce, maintenance, and custody of children.
- Child Marriage Restraint Act 1929: This act proposes that no person under eighteen years of age should marry, though this act was passed strictly to prevent child marriage it also sets the legal age of boys to eighteen years and girls to sixteen years.
Court Marriage Procedure
The court marriage in Pakistan is a legal procedure that offers a solution to people who don’t want to have usual marriage rituals.
- Mutual Consent: Neither the man nor the woman must be forced to enter into the marriage by either their parents, relatives, or friends. Consent is another important aspect that is associated with the lawfulness of the marriage.
- Legal Age: The boy and the girl must also be of the required minimum age as provided by the Child Marriage Restraint Act. Men must be above 18 years whereas women must be above 16 years of age.
- Notice of Intended Marriage: For a marriage to be legally valid in Pakistan the couple must register their marriage intention with the local union council or marriage registrar. This notice must be given at least twenty-one days from the date of marriage.
- Nikah (Marriage Contract): The marriage is officiated by a Nikah Khawan, who performs the Nikah, a legal documentation in the form of a contract in a marriage. Probably, the Nikah Khawan should be duly registered for performing marriages with the government.
- Marriage Registration: After the Nikah, the marriage should be documented with the chairman, marriage registrar or the Union Council. As earlier mentioned, the couple will be issued with a Nikah Nama which can best be described as a legal certificate of marriage.
- Witnesses: A minimum of two male persons or one male and two females should be present at the time of the Nikah ceremony. The witnesses have to be Islamic.
Legal Implications
Thus, like the formal wedding, a nikah mahram in Pakistan has significant legal consequences. It means that after the registration of marriage, the man and woman become official partners, which means they get all the benefits and obligations of marriage. This includes the right to inheritance; maintenance; and mutual support.
Challenges and Considerations
While court marriages offer a legal pathway for couples seeking to marry against familial or societal opposition, there are several challenges and considerations:
- Social Stigma: While approved as legal in the country, some people especially from organized religions may frown upon court marriages. The main liability found in most couples is that they might be rejected by their families and society.
- Legal Recourse: In cases of family opposition, the couples turn to the courts to seek an order against any attempt that is being made. However, this can take a longer period and may prove to be stressful.
- Documentation: It is essential to be sure that all legal documents are filled in and submitted correctly to have no legal issues after that.
Conclusion
Therefore, there is court marriage in Pakistan which remains a legal means of getting a marriage without hindrance of traditional marriage ceremonies and parental consent. Having information on the legal procedures will enable couples to go through the process with ease. Nevertheless, court marriages assert the common freedom of individuals to wed as a right based on the transition of Pakistani society.
