After Court Marriage In Pakistan:
After court marriage in Pakistan production of the Nikah Khawan in Lahore Pakistan cast a serious doubt on entries on registration of marriage. Duty of Nikah khawan in Lahore Pakistan was to comply with the requirements of law and he failed to obtain the attestation of witnesses on Nikahnama and spouses, in his presence, although Nikah was allegedly performed within his territorial jurisdiction and Nikahnama produced by him before the Court was not properly maintained and did not look to be well-conversant with the Rules on the subject, High Court directed the Union Committee concerned/Collector to examine the question as to whether the Nikah khawan in Lahore Pakistan was a and proper person to act as Nikah Registrar and conduct the procedure of court marriage in Pakistan
Duty Of Nikah Khawan:
Duty of nikah khawan in Lahore Pakistan for conducting court marriage in Pakistan was not only to just fill the columns of nikahnama but also to show due care and delegence because right of succession, maintenance, dower, divorce, legitimacy of children and several other rights flow from valid marriage. Sense of responsibility has to be demonstrated by Nikah khawan in Lahore Pakistan before authenticating Nikahnama by making proper enquiries of competency of parties to understand nature of their acts, their ages, and whether or not they are acting of their free will and without any Compulsion.
Registration of court marriage in Pakistan is a contract.
Restriction on the right of husband to divorce wife was not as per law. Object of court marriage in Pakistan is the procreation and legalizing of children which is lawful object. Agreements in restraint of marriage, legal proceedings or meaning whereof is not certain, are void under Ss. 26, 28 & 29 of Contract Ac, 1872. Provisions of Contract Act, 1872, relate to agreements and do not apply to a condition or stipulation which the agreements may contain. Condition contained in Column No. 18 of Nikahnama by the nikah khawan in Lahore Pakistan is not the object of marriage contract and is not void is not the object of marriage contract and does not make court marriage in Pakistan void
Permission of first wife before contracting second court marriage in Pakistan is mandatory. Earlier marriage between parties were performed in United Kingdom which was a valid marriage between two Muslims. Husband, held, could not have entered into second marriage without permission of his wife under Muslim Family Laws Ordinance, 1961. marriage before Registrar in United Kingdom did not necessarily import essentials of monogamy. Such marriage fulfills the requirements of Muslim marriage and would be recognized a valid court marriage in Pakistan under Muslim Law. Sher Ahmad v. Mst. Zubaida Bibi and others in the case (NLR 1984 SCI 182) and Syed Ali Nawas Gardezi v. Li. Col. Muhammad Yusuf (PLD 1963 SC 51) held not applicable.)
In offence of zina after court marriage in Pakistan it was held that major female was fully competent to enter into court marriage in Pakistan and sign nikahnama. Consent of relations held, not necessary. Registration of a Muslim marriage does not; in itself invalidate marriage if it is otherwise proved to have taken in accordance with requirements of Islamic Law. Registration of marriage certificate by nikah khawan in Lahore Pakistan may however cause some doubts on existence and solemnization of marriage it lacuna of marriage is in serious dispute between parties to marriage. Compliance with requirements of section 5 as to registration of marriages is in no manner violation of Injunctions of Islam. However, punishment prescribed for compliance with S. 5 should be suitably enhanced as present punishment is not adequate to enforce strict compliance of S. 5.