Effect of Non Registration of Marriage

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Effect of Non Registration of Marriage

Unread postby Admin » Fri Dec 14, 2012 10:08 am

Effect of Non Registration of Marriage:
Under Muslim Law nikah can be performed orally and such a nikah is not invalid merely because it is not registered according to provision of the Muslim Family laws Ordinance 1961. A marriage which has not been registered under section 5 or which has been contracted in contravention of the provisions of section 6 would not be invalid and the relationship of husband and wife created by it would subsist though the husband would be liable to penal action for contravening the provisions of the Ordinance. It follows that non registration of marriage in itself would not invalidate the same, it factum of marriage was otherwise proved to have taken place in accordance with requirements of Islamic law. where however factum of marriage was in seiouls doubt between the parties non-registration might vause some doubt on its existence and solemnisation. On the other hadn where a marriage is not registered the mere allegation of marriage in the absence of very strong proof would not be sufficent for holding that the marriage had been duly solemnized.
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