Perfect Way Of Court Marriage in Pakistan
Court Marriage In Pakistan:
Quashing the case of petitioner
was upheld by court. Accused petitioners had been summoned by the Magistrate to
face the trial in the private complaint filed by the respondent under S. 6(5) (6)
irrevocable immediately it’s on Talaq, pronouncement of. Failure of parties to
of Muslim Family Laws Ordinance, 1961 S.6 (5) b) of Muslim Family Laws
Ordinance 1961, were meant for the prosecution and punishment of a person who
had contracted second court marriage in
Pakistan without observing the legal formalities as provided in S. 6 of the
said Ordinance and the same did not entail any punishment for a person who had
abetted or facilitated the commission of the offence. Ordinance, 1961, is a special
law and unless the special law itself indicates about the application of
certain penal provisions, the same cannot be applied or set into motion.
Provisions of S. 109, P.P.C
Provisions of S. 109, P.P.C., therefore, would
not be attracted in the case and only husband could be prosecuted or punished
for the violation of the aforesaid mentioned provision. Simply signing of
Nikahnama being a brother or fried of the bridegroom or to participate in his
second court marriage in Pakistan would not be an offence within the meaning of
S. 6 of the Ordinance, as one could be a witness of the court marriage in
Pakistan between the spouses having taken place in his presence. Accused
petitioners could not be saddled for the responsibility of anything wherein
they were not a party and similarly they could not be made responsible for any
condition written in the Nikahnama. Summoning of the petitioners in the
complaint filed under S. 6(5) (b) of Muslim Family Laws Ordinance, 1961, was
illegal and without jurisdiction. Proceedings pending before the Magistrate qua
the petitioners were quashed accordingly. 14. Marriage contract can come to an
end. Marriage contract can come to an end either by death of husband or divorce in
Pakistan having been pronounced and period of iddat consequently depends
upon the mode the marriage is terminated.
Such was an overt act on the part
of husband which could indicate a clear intention to annul the marriage to
operate as a divorce in Pakistan. No particular form of words was prescribed
for affecting a divorce in Pakistan. Marriage, under Islamic Law was a civil
contract and not a sacrament as ordained in Holy Qur'an. Marriage was for the
comfort, love and Compassion and it was bounden duty of husband to keep his
wife with love and affection, respect and provide her maintenance during
subsistence of marriage. Islam had Laid down parameters for spouses to live
within those bounds and if parties transgress those parameters, they should
relief each other i.e., they could break matrimonial laid down tie with
kindness. Plea of oral divorce-Husband was required to send notice of divorce
to Arbitration Council. Husband was re4ulred to send notice of divorce to
Arbitration Council under Muslim Family Laws Ordinance, 1961 and also to send
copy of such notice to wife by registered post. No such proceedings having been
ever conducted, oral allegation of divorce in Pakistan would neither be
effective nor valid and who was legally entitled to past binding on wife, maintenance
or Holy Qur'an is:18.
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