Best Way To Knows The Court Marriage Procedure In Pakistan

Court Marriage Procedure:

Continuous cohabitation after conducting court marriage procedure in Pakistan and procedure of court marriage in Pakistan was admitted by the petitioner. Petitioner's admitted in her statement that she had been wandering from place to place after conducting court marriage procedure in Pakistan when she had many chances of open space and place to flee and return to her parent's house. Her preference to remain in the state of continuous cohabitation after conducting court marriage procedure in Pakistan for period of more than one and a half year was itself best proof of existence of marriage. A woman and a man acknowledged their Nikah. When a woman and a man acknowledged their marriage, a presumption of truth was attached to the same. Presumption would not apply if the conduct of parties was inconsistent with the relationship of husband and wife, nor would same apply if woman was a prostitute before she was brought to the man's house. Mere fact that woman did not live behind the "Parda', was not sufficient to rebut the presumption.. If the spouses claim to be husband and wife they have to prove that they conducted court marriage procedure in Pakistan.

A Marriage Is Valid  When Performed In Accordance:

 If the Spouses claim themselves to be husband and wife, the other formalities can be ignored and their simple statement is sufficient to prove the same.  A marriage is valid when performed in accordance with the injunctions of Islam will its constituents and conditions provided there is no legal bar or disability to the union of the parties. The presumption regarding Muslim marriage, in absence of direct proof can be raised and acted upon, in the following instances: Prolonged and continuous co-habitation as husband and wife. The fact of acknowledgement by the man, of the paternity of the children born to the woman, provided all the conditions of a valid acknowledgement are fulfilled. The fact of the acknowledgement by the man, of the Woman, as his wife. 

The above referred presumption would not apply if the conduct of the parties has been inconsistent with the relationship of husband and wife. Question of validity of marriage should be raised before the Family Court constituted under West Pakistan Family Courts Act, 1964 and the findings of the Family Courts are conclusive and binding up to the Supreme Court. Occasion, long co-habitation had announced that he was going to marry the lady provide Due acknowledgement of man on more than one as wedded couple circumstances that even before the formal marriage man strong presumption of valid marriage. In column No. 19 was mentioned that husband will neither contract second marriage nor he will conduct divorce procedure in Pakistan.

Column No. 19 of Nikahnama containing such condition was considered to be invalid. Rukhasati was never held. Suit for recovery of dower was dismissed; however, claim for recovery as additional dower was decreed in her favor along with divorce procedure in Pakistan. Suit for recovery of maintenance allowance was also decreed while conducting divorce procedure in Pakistan. Appeal was partly allowed judgments and decrees passed by Courts below were invoked Constitutional jurisdiction of High Court. Petitioner was not entitled to defer dower as marriage was never consummated. Condition of additional amount was neither enforceable nor Family Court had got jurisdiction to pass any decree. 

Question of whether such sort of claim falls within meaning of personal property and belonging of the wife enumerated of Schedule 11 to S. 5 of Family Courts Act. Held, Family Court has no jurisdiction to entertain the petitioner's suit for recovery of conditional amount as incorporated in Column No. 19 of Nikahnama even during divorce procedure in Pakistan. Appellate Court had rightly set aside finding of Family Court lacking Jurisdiction in such regard and did not call- for interference by Constitutional jurisdiction of High Court. Admittedly NIkahnama was duly signed by her, therefore, at that stage plea that dower amount was not paid to her at time of marriage was devoid of any force.