Court Marriage In Pakistan:
Proof of court marriage in Pakistan should be clear. Suit for jactitation of marriage filed by lady was decreed, whereas suit for restitution of conjugal rights filed by man after court marriage in Pakistan was dismissed. Male showed a tempered nikahnama to the female after court marriage in Pakistan and she filed a suit for jactitation of marriage. During pendency of suit she was abducted by the man and was forced to withdraw her suit by giving statement in favor of the man and accepting the forged Nikahnama by nikah khawan in Lahore Pakistan. Father of lady got F.I.R., registered against the man and by order of High Court, she was allowed to go with her father. Both parties again filed a suit for jactitation of marriage and for restitution of conjugal rights respectively. Statement recorded by lady in her earlier suit. Evidentiary value was checked. Earlier statement having been recorded during her abduction, same could not be a conclusive proof of having her owned Nikahnama from nikah khawan in Lahore Pakistan in this circumstances.Sui juris woman can contract court marriage in Pakistan of her free will. It is by now settled principle of law that a sui juris woman can contract marriage of her free will. It was directed by Islam that both parties to a court marriage in Pakistan should be amenable to trying the marital knot.
Guidelines of court marriage in Pakistan:
A will of girl could not be compelled into a marriage against her Nikah/Marriage of her own free will. "Wali is not required and a sui juris Muslim female can enter into valid Nikah/Marriage of her own free will. Marriage of a girl by itself would not make her live or reside with her husband, if it was a forced marriage and she was compelled to lie with him. Marriage was a civil contract between the spouse solemnized according to social and religious rites of the parties with their free and Consent of independent consent. Union had to remain free of coercion and duress, not only at time of marriage but throughout life which was both Islamic and common law/principle. lf a Woman was forced to a marriage or did not feel convenient to live with spouse at the place where husband wanted, but she felt insecure and was threatened to live, it would amount to illegal custody and detention; irrespective of validity or otherwise of the court marriage procedure in Pakistan. Marriage of minor solemnized by their guardians was upheld, such marriage though permissible yet the same cannot be inferred or accepted merely on assertion by one party only. The court marriage procedure in Pakistan was itself disputed by the female.
Nikah is performed between a male and female:
It being a question of fact, and such fact can be determined on the basis of evidence; held marriage has not been proved. No exception can be taken to the conclusion, based on reliable evidence.7. Every Muslim of sound mind who has attained puberty may enter into a contract of marriage. Puberty is presumed to have been attained on completion of age of 15 years in the absence of evidence. Provision of S. 2(vii) of Dissolution of Muslim Marriages Act, 1939, does not lay down that female attains puberty at the age of 16 years only, it simply enables a girl to exercise the option of puberty when she attains age of 16 years. Nikah is performed between a male and female adult in the presence of witnesses. According to the Islamic traditions Nikah is performed between a male and female adult when in the presence of witnesses one of them proposes and the other spouse accept the proposal for a consideration. Legal consequences of the court marriage procedure in Pakistan thereafter flow for all practical purposes.Nikahnama does not become invalid due to its non registration in Pakistan by nikah khawan in Lahore Pakistan