Court Marriage In Lahore Pakistan:
Restriction on the right of husband to divorce wife during court marriage in Lahore Pakistan was considered illegal by court. Such restriction during court marriage in Lahore Pakistan was against public policy. Condition to pay damages to wife after court marriage in Lahore Pakistan in the event of divorcing her without any cause of justification is not against public policy. Such restriction is rather in conformity with the same as it discourages unjustified divorce in Pakistan which results in broken homes and endless social and economic problems for the divorcee, children and the society as well. Condition contained in Column No. 18 of marriage certificate is not void under the provisions of S. 23 of Contract Act, 1872.23, as the provisions of Contract Act, 1872.23, speak about the object and consideration of the agreement and not condition contained therein.
Validity of the marriage:
Each agreement of which the object or consideration is illegal is void under S. 23 of Contract Act, 1872.2. Dispute regarding determination of legality/validity Condition contained in Column No. 18 of marriage or genuineness or otherwise of Dispute regarding determination of marriage. Validity of the marriage or genuineness or otherwise of marriage certificate could not be questioned before Arbitration Council during divorce in Pakistan. Arbitration Council had jurisdiction only to matters mentioned in Ss. 6, 7, 8 & 9 of Muslim Family Laws Ordinance, 1961.
Arbitration Council had not the power to make unlawful anything declared lawful by Islam nor could do Vice versa. Provisions of S. 6 of Muslim Family Laws Ordinance, 1961 which dealt with polygamy to protect the rights of existing wife/wives and interest of her children, had not expressly declared the subsequent marriage Illegal. Said law had only prescribed a procedure to be followed for subsequent marriages and punishment for its non-observance. If permission at the time of subsequent marriage was not sought from Arbitration Council, it would not make subsequent marriage as illegal or invalid. Disputes arising between spouses were to be adjudicated upon by Family Courts and matters/suits exclusively triable by Family Courts had been mentioned in Schedule under S. 5 of West Pakistan Family Courts Act, 1964 which also includes divorce in Pakistan.
Muslim Family Laws Ordinance, 1961
Disputes mentioned in Schedule could only be decided by Family Court, but Family Court would not question the validity of any marriage registered in accordance with provisions of Muslim Family Laws Ordinance, 1961 nor record any evidence with regard thereto to be admissible before such Court. Petitioner, in the present case, whether was legally wedded wife of deceased or not could not be decided by Municipal Authorities but same was the exclusive jurisdiction of a Civil Court to determine the rights and interests of parties with regard to the property of deceased. Action of Municipal Local legality/genuineness or otherwise of Nikahnama between the parties, was without backing of legal authority. All proceedings conducted by such authorities in the matters were declared illegal, without lawful authority and without jurisdiction by High Court in exercise of its Constitutional jurisdiction. Restriction on the right of husband to divorce cannot be imposed. Escaping the wife-Column No. 19 of Nikahnama. Liability of damages as mentioned in Column No. 19 of marriage certificate is valid.
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