The Best Procedure Of Court Marriage In Pakistan

Procedure of court marriage in Pakistan:

 After the death of the father of deceased, his mother conducted procedure of court marriage in Pakistan  with petitioner No. 1, therefore, it can safely be presumed that as step-father when he got deceased admitted in the school, the name of petitioner was recorded as his father which circumstances could normally happen for a person who was looking after the minor children of his wife from the first husband could do So. As regards entries in the Nadra marriage certificate in Pakistan of deceased which was produced in as Exh.P.1, it may be observed that Mst. J next friend of deceased minor plaintiff when appeared was asked about this Nadra marriage certificate in Pakistan and she expressly denied by saying that a drama was staged for marriage of deceased, for Mst. H who was married to him never lived with him and she got separation. It was specifically denied that deceased married 'H whereas from her evidence, it is clearly made out that her case was that marriage of deceased was arranged by petitioner which was a sham and fictitious matter, otherwise, deceased did not marry Mst. H. Learned Judge in Chamber has also discussed the merits of this document in order, to determine its evidentiary value and found that a number of columns had been left blank which also showed that the said document was prepared in haste and there was no Nikah as such of deceased, therefore, any entry made in it as to the date of birth of deceased would be of no use to the petitioners as the same had no evidentiary value unless it was proved through evidence of witnesses of marriage and there is no cogent evidence given that deceased with his own free will entered into procedure of court marriage in Pakistan with Mst.

Nadra  Marriage Certificate:

 H and entries made in the Nadra marriage certificate in Pakistan as to his date of birth were made on his instructions and that he acknowledged the correctness of the same. Dispute was regarding validity of marriage. Petitioner claimed to be husband of respondent on the basis of a registered Nadra marriage certificate in Pakistan. Respondent denied the fact of Nikah with the petitioner and acted to be wife of some other person. Statement of the respondent (lady) was supported by evidence of her father. Where there was no material elicited to discredit testimony of the respondent High Court declined to interfere with the findings of fact recorded by lower Appellate Court, as the same were based on proper appraisal of evidence and sound reasoning.

 Petition was dismissed in circumstances. Interpretation of-Entries in registered Nadra marriage certificate in Pakistan. Wife sought recovery of Rs.20,00,000/- as dower amount. Family Court decreed the suit in favor of wife to the extent of Rs,20,00,000/- and in lieu of dower wife was entitled to take 50 tolas of gold ornaments, agricultural land and 2 share in a residential house. Judgment and decree passed by Family Court was maintained by lower Appellate Court and appeal filed by wife was dismissed. Plea raised by wife was that 50 tolas of gold ornaments, agricultural land and Y2 share in a residential house were in addition to dower amount as the same were incorporated in marriage certificate through lqrarnama.

Iqrar Nama:

 lqrarnama and its contents had become integral part of Nadra marriage certificate in Pakistan and as such the contents/entries in Nikahnama conjunction with lqrarnama. Procedure of court marriage in Pakistan being a contract, the parties to the marriage were at liberty to enter into the Terms of their choice. Two Courts below could not interpret ine terms on their own when such interpretation specifically stood negated by the Contents of the nikahnama and lqrarnama. Both the documents revealed that amount of dower of Rs,20,00,000/- was independent in itself and property and gold ornaments were in addition to the amount of Haq-ul-Mehar. Findings of both the Courts below that gold ornaments and the property were in lieu of amount of Haq-ul-Mehar were totally falsified by evidence on record. Both the Courts below erroneously and illegally held that the wife was not entitled to the property mentioned in Nikahnama and lqrarnama. High Court, in exercise of Constitutional jurisdiction, set aside the findings of both the Courts below to the extent of properties mentioned in their judgments. High Court modified the judgments and decrees passed by both the Courts below and included properties and gold ornaments in the decree as envisaged in Nikahnama with lqrarnama. Constitutional petition was allowed accordingly.