The Best Way Of Court Marriage In Pakistan
Court Marriage In Pakistan :
Court marriage in Pakistan contracted during the period of "lddat'
is invalid and not even irregular. Accused lady after having been divorced by
the complainant had contracted a valid, legitimate and perfectly legal marriage
with her co-accused. Non- Compliance of requirement of S. 7 of the Muslim
Family Consent of "Wali" was essential to the validity of Laws
Ordinance, 1961, regarding sending the notice of divorce in Pakistan to the Chairman, Union Council, had not
rendered the divorce in Pakistan ineffective. Continuation of the proceeding in
the impugned F.I.R., thus, would not serve any useful purpose and would clearly
amount to an abuse of the process of law. F.I.R. was consequently quashed and
the petition was accepted accordingly. Marriage is a civil contract. Marriage
is a civil contract and every Muslim of sound mind, who has attained puberty,
can enter into contract of marriage and is void only when it is brought about
without his or her Consent. Court marriage in
Pakistan even if performed through guardians stood repudiated on
exercise of option of puberty. Moreover when marriage was not consummated and
she never submitted herself for cohabitation. Very exercise of filing suit for
dissolution of marriage, in a way is an exercise of option of puberty against
the existence of marriage. Presumption regarding Muslim marriage in absence of
direct proof can be raised and acted upon with prolonged and continuous
cohabitation as husband and wife. Factors to be kept in view by the Court
pointed out.
Female Solemnizing Court Marriage In
Pakistan Through Lawyer Is Valid :
All Islamic Schools of thought
recognize Nikah of female performed through lawyer as valid. Defendants
specifically did not deny the relationship of husband and wife in their written
statement but took plea that lady was not legally wedded wife of the man. Held,
in view of such a plea, it was incumbent on the defendant to establish that
under what circumstances the lady was living with the man, if she was not
legally wedded wife of the man. Plaintiff, no doubt was also to produce the
lady in evidence, on the point of marriage between her and the man but that
would not have the effect of brushing aside the evidence brought on record.
Second Nikah over and above an already existing valid Nikah between the same
parties is not recognized in Islam. Nor dissolution of such second Nikah is a
judicial separation. Entering of young
girl into marriage without intervention of her (guardian) is valid if attained
puberty.
Generally it is possible for a
young Muslim girl to enter into marriage without intervention of Wali
(Guardian). Question of chastity? Marriage under Islamic Law is a civil
contract and not a sacrament. Marriage is for comfort, love and compassion. One
of the objects of matrimonial tie is procreation of human generation and it is
the bounden duty of husband to keep his wife with love, affection, respect and
provide her maintenance during subsistence of marriage. Islam has laid down the
parameter for spouses to live within those bounds and if the parties transgress
their parameters, they should relieve each other by breaking the matrimonial
tie with kindness. Islam has never conferred power/right upon the husband to
take law into his hands and to kill his so use for any wrong Committed by her
however he can divorce in
Pakistan.
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