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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