Consent in the Procedure of Court Marriage in Pakistan:
Nazia Advocate in Lahore Pakistan says that petitioner's wife after the procedure of court marriage in Pakistan, the alleged detenue was admittedly residing with her parents and the custody of real father could not be termed as illegal. Police could not be directed to raid at the house of father and produce his daughter before the Court. Petitioner, if aggrieved, could file a suit for restitution of conjugal rights where his wife could appear and make a statement if they have followed the procedure of court marriage in Pakistan. Habeas corpus petition was dismissed in limine accordingly (1995 PCrLJ 1656). Production of detenu after the procedure of court marriage in Pakistan: Petition was filed by the father of alleged detenue alleging that she was illegally detained by the respondent. Detenue who was allowed to meet her father the petitioner and her mother for more than two hours had stated that she is legally wedded wife of respondent wanted to live with him and did not want to go with her parents as she has followed the procedure of court marriage in Pakistan.
Contracted Procedure of Court Marriage in Pakistan:
Alleged detenue was allowed to live with the respondent who proved that alleged detenue had contracted procedure of court marriage in Pakistan with him (1997 MLD 3262). Habeas corpus petition: Alleged detenue stated in the Court that she was living a happily married life with her husband against whom she had no grievance and hated even the idea to desert him and that the allegation of her being in illegal confinement was baseless. The petition was dismissed given the said statement (1995 PCrLJ 1513). Habeas corpus petition: Girl who was still in her teens was allured to marry a person who was not only physically handicapped but also had married thrice before and had been having an affair with her when she was still a student of 9th class during the subsistence of his marriage, secretly giving her expensive presents which showed that she was under the immense influence of the man, mentally immature to take an independent decision.
Court Protection To Perform Court Marriage:
The procedure of court marriage in Pakistan was performed under the influence or fear of temptation and without a lawyer or reliable witnesses and Nikah Khawan could not be produced before the Court. Held, circumstances under which the procedure of court marriage in Pakistan of the girl, with the man, was performed, particularly nonproduction of the Nikah Khawan, cast serious doubt on its genuineness and it was not yet known if the marriage itself was valid and was with the free consent of the girl. Such conduct of a girl, under the well-established law of the Code of Morality of Pakistan, was looked upon by the society with great disapproval and resentment as that brings humiliation, incapable of being explained to the parents, higher or low, educated or uneducated living in any part of the country. Courts were not functioning in a vacuum and must take due notice of social and moral environments prevailing in the society. The girl was still under the influence of the man; was incapable of understanding the nature and effect of the transactions made by her nor could manage her affairs independently, she had been made to live on false promises and she had been made to believe that their life would not be safe or secure in the hands of her parents. Girl, who was in her teens could not be more safe or secure in the hands of an outsider than her parents, because she needed parental care, love, affection, guidance and wise counsel.