Best Way For Court Marriage In Pakistan - Professional Nikah Khawan In Pakistan
A court marriage in Pakistan
under Islamic Law is a civil contract and husband has a right to divorce his
wife whenever he desires without assigning any cause. Court marriage in
Pakistan of a woman before completion of lddat period is irregular. Marriage of
a woman before completion of her lddat, was irregular and not void. Irregular
marriage could have its own consequences under personal law, but same could not
be treated as void and could not be regarded as un-Islamic or against the
Shariah. 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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