Court Marriage in Pakistan: Procedures and Legal Requirements
Most people in Pakistan have many misconceptions about court marriages. The public mostly thinks that court marriages are conducted in a courtroom or in front of a judge, but that is not true. Here, we’ll try to explain why this marriage differs from a typical marriage, its procedure, legalities, possible issues, and last but not least, why it is termed a court marriage.
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Understanding Court Marriage in Pakistan
The Constitution of Pakistan, 1973, guarantees the right to marriage for everyone. When a couple, both sane and of legal age (attained the age of majority), wishes to marry but faces opposition from their parents or families, they cannot be denied or stopped from getting married. The couple has the right to marry each other. In such cases, whether they choose a runaway marriage or simply prefer a nikah other than a traditional one, they approach a lawyer for assistance. For instance, a lawyer at LEX is considered for example.
The lawyer arranges a Nikah Khawan (molvi or qari), and the nikah is performed. Afterwards, their nikah is registered with the Union Council and NADRA, obtaining a marriage registration certificate from NADRA. No court is involved in this process until this stage. Unless the couple faces any threats from their families, in this case, they seek protection from the court, or, the bride gives a statement before the court that she has performed nikah with her consent to protect the groom from possible frivolous litigation, and thus, this is often referred to as a court marriage in Pakistan. Although it is essentially a regular nikah performed in a less conventional manner and the court is involved in protecting their right to marry.
Islamic Perspective on Court Marriage
Islam does not prohibit an adult male and female from marrying each other. Islam encourages Nikah and strictly prohibits haram relationships, such as Zina. If all conditions are met, including the bride and groom having attained the age of majority, not falling within prohibited degrees of relationship, and fulfilling other Islamic requirements, in his way, the court marriage is allowed in Islam.
Legality of Court Marriage in Islam
If a marriage meets the requirements of Islamic law. In that case, its protection is guaranteed by the Constitution of Pakistan, 1973 (Article 35: “The State shall protect the marriage, the family, the mother, and the child”), which safeguards matrimonial life and the right to freely contract marriage under Islamic law.
Case law reported as 2004 PCRLJ 622 says that In Islam, marriage is a civil contract between a man and a woman. As per Sharia, no formal deed is necessary to prove that a valid marriage has occurred.
And, In 2021 YLRN 105 it was held that a valid marriage can be presumed when a man and woman acknowledge each other as husband and wife. This mutual recognition is sufficient to establish the scope of marriage.
Age Requirements for Court Marriage
Minimum age limit in Pakistan for court marriage is legal age of majority i.e., 18 years. This limit is same for bride and groom.
Documents Required for Court Marriage in Pakistan
Following are the documents that are required for court marriage in Pakistan:
- CNIC of bride and groom
- B-Forms of bride and groom in case where CNIC is not available. This is to confirm the age of both.
- Divorce registration certificate or Death registration certificate of previous husband in case of second marriage of bride.
- A divorce registration certificate, a Death registration certificate of the previous wife, or a permission letter from the existing wife in case of the groom’s second marriage.
Court Marriage Procedure in Pakistan
The following are the steps:
- Qari will perform Shairah Nikah in front of witnesses in consideration of haq meher.
- Registration of marriage in the union council and NADRA
- Issuance of marriage certificate from NADRA
- Filing case for protection against harassment faced by the families in the court.
- Recording statement of the bride in court that she has performed nikah with her sweet consent to secure the groom from previous litigation or charges.
The authenticity of papers can be verified by Union Council marriage certificate online checking from the department.
Basic Requirement for Court Marriage
The basic requirements for a valid court marriage are proposal, acceptance and presence of two male or one male and two female witnesses. This can be observed in 2020 CLC 549; which says that; A valid Nikah (Islamic marriage) requires three essential elements: proposal, acceptance, and the presence of witnesses. Specifically, two male witnesses or one male and two female witnesses must be present.
Nikah Wihtout Wali (Guardian)
Under Pakistani law, a woman over age of 18 can conduct her Nikah without a Wali, either and shariah nikah or registered marriage. A woman who has attained the age of majority does not need consent or the presence of a Wali to perform her nikah.
The Wali, typically the bride’s father or another adult male relative, Mahram, plays a vital role in Shariah Nikah. They ensure the bride’s consent and act as her guardian throughout the marriage process.
The settlement of this law can be observed in 2020 CLC 549 in which it was held that A well-educated woman over 27 years old is fully competent to enter into Nikah according to her own wishes, without the need for a Wakeel or any third-party intervention.
Online Marriage in Pakistan
As Online marriage is valid in Islam, it is also valid in Pakistan. However, online marriage in Pakistan is only legally recognized if registered with the Union Council and NADRA. A couple can perform Online marriage in the presence of witnesses, which is valid, and both become husband and wife. However, to prove that the marriage exists, the couple needs a Nikah Nama form registered with the union council or a marriage registration certificate from NADRA. In some cases, the existence of the marriage can be proven by the statements of witnesses of Nikah and video recordings of the online marriage.
Court Marriage Certificate in Pakistan
The marriage certificate from the Union Council and the Marriage Registration Certificate (MRC) issued by NADRA are the only valid documents that prove a marriage. There is no separate certificate for court marriage. However, if the bride has recorded her statement in court confirming that she performed the marriage with her consent, an attested copy of this statement can be attached to the Nikah Nama for future reference.
Court Marriage Fees and Costs in Pakistan
The fee for registering the Nikah Nama at the Union Council and obtaining the Marriage Registration Certificate (MRC) from NADRA is fixed according to the prevailing policies of the respective provinces in Pakistan. However, the Qari (Nikah Khawan) is paid based on the amount mutually agreed upon. The lawyer’s fee for court proceedings is not fixed. It varies depending on the complexity of the case and the lawyer you choose, but choosing the best lawyer in Pakistan for this kind of sensitive case is recommended. Feel free to contact us or fill out the form to get an instant consultation.