Court Marriage Procedure

Court Marriage Procedure

There are many people who ask to us approximately court marriage procedure. Mostly loving couples put this question before our legal team that they want to obtain marry with each other yet their parents are not ready to accept this marriage. Most of loving couples ask approximately the procedure of court marriage in Pakistan & most of couples feel confusion approximately the fee of court marriage. Today we are answering these question below.

Court Marriage procedure

Pakistani constitution gives right of liberty to select a marry with. If a boy & a girl have wish to obtain marry with each other then they should full fill the requirements below.

1. Under the law a girl who has attained the age of puberty (Approximately 16 years) & boy with the age of 18 years can obtain marriage with their freewill without any repression or fear.

2. For the purpose of age verification & personal particulars boy & girl have to provide CNIC (National Identity Card) Form B or other educational certificates which can prove that boy & girl who want to obtain marry have attained the age of puberty.

3. In case girl or boy do not have any relevant document which can prove the real age of boy & girl then they have to submit an affidavit with two present passport size photographs of each person. These two photographs will be attached at the front of affidavit.

4. Now girl has to appear before judicial officer or oath commissioner to execute the documents of her free will to marry & after that the marriage will be performed in the presence of two at lest two witnesses.

The procedure which has been prescribed above is very effortless yet most of boys & girls want to obtain legal security from their parents. Because majority of boys & girls obtain court marriage against the will of their parents. So I suggest you below procedure for court marriage.

1. Same requirements as mentioned in above procedure.

2. Same requirements as mentioned in above procedure.

3. Same requirements as mentioned in above procedure.

4. Now law will call a nikah khawan who will perform nikah in the presence of two witnesses from boy & two witnesses from girl. According to Islam & sharia boy & girl are not husband & wife. But according to law of Pakistan nikah should must be registered in union counsel. After completion of nikah nikah khawan will register it in nearest union counsel.

5. Now lawyer of husband & wife will file a writ petition before judicial magistrate or district & session judge. The purpose of this writ petition will be secured married life & no Intervention of parents. Now girl will demand safety from her parents even she will inform to court that she has received marry with someone yet her parents are threatening both of them & now she wants to spend her life with her husband. The court will order to the concern SHO to provide security to both of them.

Purpose Of Girl Statement

There is a question which raises in our mind that what is the real purpose of statement of girl. When girl leaves her home for getting marriage with someone then the parents of girl must lodge an FIR of abduction of girl & when police produce them before court in most of cases girl deny to accept that the above marriage was with her free will. The parents of girl force her for frivolous statement. In such situation above statement of girl will moreover helpful for boy.

Fee Of Court Marriage

Fee of court marriage is not fixed It depends on your lawyer. Most of lawyers demand Rs. 10000 to Rs. 50000.

OPEN →

Divorce Procedure in Pakistan

Divorce Procedure in Pakistan

This is a very usual question which mostly people ask & they want to know that how can they obtain divorce legally according to the law of Pakistan. There is difference between the proceedings of divorce for husband & wife. Therefore We have divided both proceedings according to the person who wants to obtain divorce.

Divorce (Khula) Procedure For Wife

If wife wants to obtain divorce then she will have to file a suit of Dissolution of Marriage. A girl do not have right of divorce like husband. Family court will issue a decree of divorce. According to Islam wife has right of khula. It is very significant question that wife can file khula suit in any family court of Pakistan or there are some limits for institution of divorce suit? Wife can file Dissolution of Marriage suit in family court where wife is residing. Most of women ask that how much time required for getting decree of Dissolution of Marriage. So according to the law family court will decide the matter within 3 month. But unfortunately usually counsel of the husband try to linger on the matter.  If wife & husband want to dissolve their marriage with mutual consent. They have to execute an agreement without any pressure & free will. After Dissolution of Marriage with mutual consent they no need to go to family court.

Proceeding Of Khula (Dissolution of Marriage)

When wife file a suit for Dissolution of Marriage then in the whole proceeding she will be called as plaintiff & husband will be called as defendant.

Notice to defendant

When wife will file a suit for Dissolution of Marriage then family court will call to defendant (Husband) through notices. Wife or counsel (Lawyer) of the plaintiff (Wife) have to dispatch these notices through courier services or according to the orders of competent court.

Notice in Newspaper

In case of absence of the defendant (Husband) despite of notices then then court will issue an order of publication of this notice in the newspaper.

Non Appearance Of Defendant

If defendant ignore to the notices of court & do not appear before honorable court then court will start Ex Parte Proceedings. Ex Parte proceeding means the court will decide the matter on one side (Plaintiff’s) version.

Set Aside Of Ex Parte Proceedings

Defendant can appear before court at any stage of the case. Defendant have to file an application for set aside of ex parte proceedings.

Ex Parte Proceeding Decree

In ex parte proceedings court will record the statements of plaintiff & witnesses where they will tell the facts of unsuccessful marriage of plaintiff & defendant. After completion of statements of the plaintiff & witnesses court will issue decree of Dissolution of marriage. Usually ex parte decree takes 3 months of proceeding time.

Dissulation of marriage in the presence of defendant

After receiving of the notices if defendant appears before family court then he have to file the answer of plaintiffs suit. Defendant have to file answer of the suit para wise. After answer of the plaintiff’s suit now court will record statements of the plaintiff & plaintiff witnesses. Then defendant have to record his statement with the statements of his witnesses too. Now lawyers of the both will cross examine to plaintiff , defendant & witnesses.

Opportunity For Reconciliation

After completion of cross examine court will donate an opportunity for reconciliation. In reconciliation plaintiff & defendant can decide for future in lonely room. Where they can decide that they should live together or there is no way for reconciliation.

Final Orders

When reconciliation fails then court will issue decree of divorce.

Proceeding Of Divorce (Talaq) For Husband

Under Muslims family ordinance any man who gives divorce to his wife in any form he have to donate a notice in writing to the chairman of the union council & he have to send a copy of this divorce (Talaq) notice to her wife. After receiving this divorce notice chairman union council will constitute an arbitration for the purpose of reconciliation between husband & wife. After expiry of ninety days if reconciliation fails divorce will take effect.

OPEN →