Procedure Of Court Marriage In Pakistan ( 2020/ 2019)

Court Marriage In Lahore Pakistan:

Case of multiple court marriage in Lahore Pakistan by husband was in issue. Wife could not be compelled to live with the other wives of the defendant after court marriage in Lahore Pakistan and she could refuse to live with the parents of the husband. Wife had granted permission to the husband to contract a second court marriage in Lahore Pakistan on the condition that husband will continue to pay Rs.500/- per month as maintenance and also transfer one residential room and one shop part of the house, belonging to husband Parties entered into an agreement and his father incorporating the said conditions. Husband, on the basis of permission from the wife obtained a permission certificate from the Arbitration Council entitling him to have a second wife and thereafter he entered into second marriage. Husband did not fulfill the promise and instead the first wife was divorced in Pakistan. Father of the husband, in divorce procedure in Pakistan, affirmed that he had transferred the residential room in favor of the first wife of his son and volunteered that whenever she wanted he will execute the sale-deed.

 Such promise was also not fulfilled:

Wife filed suit for specific performance of their agreement which was tried and dismissed up to Appellate Court on the ground that the agreement between husband and wife was not enforceable as there was no consideration and further the same was violation of S. 27, Contract Act, 1872. High Court, in revision took the view that grant of permission to marry was a valid consideration for the agreement to transfer the specified property. Agreement was not without consideration in the facts and circumstances of the case. Provision of S. 27, Contract Act, 1872 which otherwise was not attracted to the facts and circumstances of the case, gave way to the provision of S. 3, Muslim Family Laws Ordinance, 1961 which provides that the Ordinance shall have overriding section, notwithstanding the provision of any law to the Contrary.

Muslim Law Family Ordinance:

 Provision of S. 6, Muslim Family Laws Ordinance, which placed a restraint on the right of the husband to enter into an additional marriage during the subsistence of the earlier marriage, except with the permission of the existing wife or in case of her refusal, with the permission of Arbitration Council, S. 6 of the Ordinance, therefore, could not be said to be in conflict with the provision of S. 27, Contract Act, 1872. Mandate of S. 3 of Muslim Family Laws Ordinance, 1961 had to prevail in any case. High Court, in circumstances, had rightly interfered in the exercise of revision jurisdiction conferred by S. 115, C.P.C., as the Trial Court and the Appellate Court had dismissed the suit on the wrong understanding of law that the agreement was without consideration or was violation of S. 27 of the Contract Act, 1872. 5. Polygamy-Quashing of proceedings. Quashing of proceedings, application was not upheld. Respondent/complainant wife in her complaint had alleged that applicant/husband had contracted second marriage without her prior permission and consent and no divorce procedure in Pakistan was conducted.

About Nazia Law

Nazia Law Associates is legal   platform for court marriage in Pakistan. To know the latest procedure of court marriage in Pakistan and court marriage procedure in Pakistan visit our site and contact us. Advocate nazia knows the procedure of court marriage in Pakistan very well. She guide the way of court marriage in Lahore and court marriage in Lahore Pakistan. The services of our law firm regarding court marriage in Pakistan is impressive as compare to other law firm. After the court marriage in Lahore our law firm provide the  arriage certificate for couples.