Court Marriage

Court Marriage

If the male and female is get married in the court with the permission of the court without the permission of wali/parents this is called court marriage. Generally those couple comes in the court for the marriage whose parents don’t want their daughter to get marriage with that guy with whom their daughter loves him and want to marry at any cost. Therefore in the absence of the consent of parents of the couples especially the parents of the girl when forbade their girl to marry the specific guy than it happened. Sometimes when the girl contracted the marriage without the permission and consent of the parents, they lodge the false FIR for abduction of the girl and committing the zina against the newly husband of their daughter and his family for creating harassment and sometime get divorce forcibly. However on the statement of the girl the FIR is quashed accordingly.

The constitution of Pakistan, the law of land, Islam and Muslim Family Law allow to every adult person to get marry on his/her own choice, accord and freewill. The Superior Courts called that girl sui juirs and accepted their marriage without the consent of parents. And the Courts have accepted the minimum age 16 of the girl for marriage and hold that 16 years girl and above is capable to contract her marriage as per her own wish, freewill and consent.

For the purpose of Court marriage the girl have to appear in the court and have to give statement in the court before the Magistrate /Oath Commissioner / Justice of Peace etc. that she is going to marry with her own choice, freewill and accord, she is major, adult, and without no use of intoxicant she is deposing and no one has abducted, kidnapped. Thereafter the marriage is solemnized as per religious procedure. If the couples are Muslims then Nikahkhawan/Qazi solemnize the marriage in the presence of witnesses, if the couples are Christian then the father/padri solemnize the marriage if the couple are Hindu or any other community then the marriage is solemnized as per their religious way. After this the couples are allowed to go their homes and thereafter the said marriage certificate /Nikahnama is registered in the concern authority and return to the couple.

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