What is Court Marriage in Pakistan?
In Pakistan, court marriages are solemnized under the Muslim Family Laws Ordinance 1961. The ordinance provides for the requirements and procedures for a valid court marriage. A court marriage can be conducted between two Muslim adults of opposite sexes, who are not married to each other and who have the consent of their respective walis (guardians).
The procedure for a court marriage in Pakistan is as follows:
- The man and woman wishing to get married have to submit a joint application to the district magistrate or commissioner, along with the required documents.
- The district magistrate or commissioner will then give notice of the intended marriage to the walis of both parties.
- If no objection is raised by the walis within 30 days, the district magistrate or commissioner will grant permission for the court marriage.
- The marriage will then be solemnized by a qazi (Islamic judge) in accordance with Islamic rites, in front of witnesses.
- After the completion of all formalities, a marriage certificate will be issued by the district magistrate or commissioner.
The Different Types of Court Marriages in Pakistan
- Halala marriage: In this type of court marriage, the woman first marries a man, consummates the marriage, and then gets divorced so she can marry her desired husband.
- Nikah mut‘ah: In this type of temporary court marriage, the couple only agrees to be married for a set period of time, after which they will get divorced. This is often used by couples who want to test compatibility before making a long-term commitment.
- Nikah misyar: In this type of court marriage, the couple agrees to forgo some of the rights normally associated with marriage, such as living together or sharing finances. This can be used by couples who cannot live together due to work or other commitments.
- Nikah urfi: This is a secret form of court marriage in which the couple does not publicize their marriage. It is often done when one or both partners are already married and do not want their spouses to know.
Pros and Cons of Court Marriage in Pakistan
There are both pros and cons to court marriage in Pakistan. Court marriages are generally quicker and easier to arrange than traditional weddings, and they can also be less expensive because there is no need for elaborate functions. They are convenient for couples who live in different cities or have busy schedules.
However, some people feel that court marriages lack the emotional and festive aspects of traditional weddings. Guests may not enjoy them as much because there is usually no reception. Some people also view court marriages as less legitimate, even though they are completely legal.
What Documents are Required for Court Marriage in Pakistan?
In Pakistan, court marriages are conducted under the Marriage Act, 1954. The following documents are required:
- Proof of identity
- Proof of Pakistani nationality
- Consent from parents/guardian if under 18
- Marriage registration form
- Two witnesses over the age of 18
The requirements for court marriage in Pakistan
In Pakistan, court marriage is solemnized under the Act of Marriage, 1872 and the Dissolution of Muslim Marriages Act, 1939. The bride must be at least 16 and the groom at least 18. Both must be Muslim, unmarried, and must give free consent. Two witnesses who know both parties are required, and the couple must pay a small registration fee. In many cases, people later explore matters under Khula Pakistan Family Law, which makes it important to understand Islamic marital rights from the beginning.
The procedure of court marriage in Pakistan
Court marriage allows couples to marry without parental permission. After obtaining a court order, the couple appears before the registrar with two witnesses and declares their intention to marry. The registrar records the marriage and issues a certificate. Although court marriages are not recognized by some traditional segments of society, they are valid in Pakistan and internationally.
The benefits of court marriage in Pakistan
Court marriage is legal, simple, and cost-effective. It avoids complications associated with traditional weddings and helps couples marry quietly and safely without social pressure.
Some frequently asked questions about court marriage in Pakistan
Q: What is court marriage?
A: A legal union solemnized under the Muslim Family Laws Ordinance 1961.
Q: How to apply?
A: Both parties submit a written application to the Deputy Commissioner or magistrate with all necessary details and documents.
Q: Who can solemnize it?
A: Any magistrate authorized by the government.
Q: What documents are required?
A: NICs, passports (if foreigner), photographs, affidavits, and consent if under 18. Divorce papers are needed if previously married.
All these steps help ensure that couples understand the legal system, the protections available to them, and the full Court Marriage Procedure in Pakistan, making the process smooth, transparent, and valid.