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.