Procedure Of Court Marriage In Pakistan

Procedure of court marriage in Pakistan:

Father-in-law had admitted his signature on Nikahnama as witness during procedure of court marriage in Pakistan . Wife by producing marginal witnesses had proved such agreement. Father-in-law could prove alleged interpolation in Nikahnama by producing its certified copy, but he had not done so knowing fully well that there was no such interpolation. Father-in-law could during cross-examination had admitted that all blank columns of Nikahnama were crossed, while Column 16 thereof was filled and not crossed during procedure of court marriage in Pakistan. Presence of wife at time of execution of such agreement was not necessary as same was not a Commercial transaction settled between a buyer and seller. Procedure of court marriage in Pakistan and court marriage procedure in Pakistan was an arranged one, and its terms and conditions would have been settled amongst elders of both families and not by bride and bridegroom, and womenfolk including bride were not allowed to participate in such meetings. Father-in-law could not prove his plea. Oral evidence could not be preferred over un-rebutted documentary evidence for divorce procedure in Pakistan.

father-in-law to transfer such property:

Suit was decreed with direction to father-in-law to transfer such property to plaintiff within specified time, otherwise she would be entitled to file execution petition for its recovery along with divorce procedure in Pakistan. Plaintiff (wife) filed a suit for recovery of dower amount of Rs.5 lac; one house built upon 1 kanal area and 1 square of agricultural land along with divorce procedure in Pakistan. Trial Court decreed suit of plaintiff. Appellate Court on appeal filed by defendant dismissed the same. Contention raised by defendant was that the dower amount filed at the time of marriage was only Rs.5 lac mentioned in Column No. 13 payable on demand whereas the house and agricultural land were though mentioned in column No. 16 of the Nikahnama but were not to constitute the payable dower fixed or agreed upon between the parties at the time of marriage. Nikahanma and its contents had negated the arguments advanced by counsel of the plaintiff to the effect that entries made in one column of the Nikahnama were to be read along with the entries of other column, constituting whole of dower payable to the bride by the bridegroom Wording of the column in the Nikahnama indicated that it referred to past transaction which was never covenanted between the parties for some future liability, rather the Same was considered as an explanation for an act done in compliance and in furtherance to agreed amount of payable dower, Trial Court while deciding the issue with regard to determination of payable dower only decided the fact that the dower was not proved as having been paid as pleaded by the defendant, determination of the fact as to what was the fixed dower between the parties was made.

Nikahnama petitioner/husband had conducted:                   

Appellate Court dismissed appeal without touching the merits of the' case and found that the appeal was incompetent because specifically ordered the bond of Rs.5 lac by the lower Court, to be deposited by the defendant, was never complied with. Both of the judgments were not according to the requirements of Civil Procedure Code, 1908 vis-à-vis, term judgment". Such generalization was not acceptable nor so were expected from the judicial officers qua required deliberation upon each and every fact in the light of relevant law with due application of mind. High Court allowed Constitutional petition and set aside the impugned judgments and decreed the suit only to the amount of Rs.5 lac payable as dower. Specific whereas no14 Nikah-Non-registration of-Effect. Nikah even if not registered under the law remains valid. 15. Suit for recovery of Rs.1,00,000/- by wife written in column No. 17 of Nikahnama. Condition written in column No. 17 of Nikahnama petitioner/husband had conducted/contracted second marriage, he would be liable to pay Rs.1,00,000/-. Such Condition did not come under the purview of matrimonial matters, which were within the jurisdiction of Family Court