The Legal Path Of Court Marriage In Pakistan
Polygamy and court marriage in Pakistan
Application For Court Marriage In Lahore Pakistan:
(2) An application for permission under sub-section (1)
shall be submitted to the Chairman in the prescribed manner together with the
prescribed fee and state reasons for the proposed court marriage in Pakistan
and whether the consent of existing or wives has been obtained thereto
Venue for trial. Existing wife was married to
petitioner at Rawalpindi where he himself also resided. Application for
contracting a second court marriage in Pakistan could be made by him to the
Union Council/Union Committee comprising the area where the existing wife was
residing in Rawalpindi as provided by Rule
Under rule 3A of Family Laws:
Under rule 3A of Family Laws the petitioner was alleged
not to have obtained permission from the Arbitration Council of the said area
before contracting second court marriage in Pakistan and court marriage in
Lahore at Murree. Although the final act of contracting second marriage took at
Murree, yet the two essential ingredients for constituting an offence under S.
6(5) of the Ordinance i.e., the residence of existing wife and the location of
Arbitration Council fell within the area of Rawalpindi. Court of a Magistrate
at Rawalpindi as well as that at Murree, therefore, had jurisdiction to try the
complaint filed by the respondent (existing wife) and order passed by the Trial
Court at Rawalpindi summoning the petitioner to face the trial before it was
not open to any serious exception. Constitutional petition was consequently
dismissed.
Nikah Khawan In Lahore Pakistan:
Quashing of proceedings of court marriage in Pakistan and
court marriage in Lahore Pakistan depends on circumstances. Accused ladies were
alleged to have managed second court marriage in Pakistan of their brother by Nikah
khawan in Lahore Pakistan without observing the legal formalities as laid
down in S. 6 of Muslim Family Laws Ordinance, 1961 and without obtaining the
certificate from the concerned Arbitration Council. No evidence on record
indicated that the accused has obtained certificate to enter into second
marriage, nor they were the witnesses to said marriage. Even otherwise the
provisions of S. 109, PPC were not applicable to offences under the Muslim
Family Laws Ordinance, 1961 which was a special law. Continuance of proceedings
against the accused ladies in the Court of Magistrate therefore, would have
been an abuse of the process of the Court and the same quashed accordingly.
Nikah khawan in Lahore Pakistan appointed to perform
marriage should not simply fill in columns of Nikahnamas in routine. They have
duty to make proper inquiries as to competency of parties to understand nature
of their acts, their ages and whether they were acting of their free will and
without any compulsion. Petitioner contracted second court marriage in Pakistan
during subsistence of his first marriage. Existing wife filed application
before Civil Judge-cum-Chairman of the Union Council for taking cognizance of
offence of bigamy. Civil Judge returned complaint holding that he was 'not
competent. Deputy Commissioner on revision, held, that case can be tried by
Chairman Arbitration Council. Order of Deputy Commissioner impugned. It was
held that Arbitration Council was only for the purposes of deciding application
for permission to contract a second marriage and thereafter its functions
stopped. Complaint in respect of bigamy was to be made by the Union Council to
Magistrate concerned only. Family Judge or Chairman had no jurisdiction having
different entities in such cases which could be proceeded only by a Magistrate.
Existing wife was directed to present her complaint to the Union Council
concerned.
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