Court Marriage in Pakistan:
After court marriage in Pakistan, the production of the Nikah Khawan in Lahore Pakistan cast serious doubt on entries on marriage registration. The duty of Nikah khawan in Lahore, Pakistan was to comply with the requirements of the law. He failed to obtain the attestation of witnesses on Nikahnama and spouses in his presence.
Way For proceed the Nikahnama:
However, 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.
Nikah Khawan in Lahore:
The 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 diligence because of the right of succession, maintenance, dower, divorce, legitimacy of children, and several other rights flow from valid marriage. Therefore, a sense of responsibility has to be demonstrated by Nikah khawan in Lahore, Pakistan, before authenticating Nikahnama by making proper inquiries of competency of parties to understand the 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:
Registration of court marriage in Pakistan is a contract. In Pakistan, the object of court marriage is the procreation and legalizing of children, which is a lawful object. Therefore, agreements in restraint of marriage, legal proceedings, or the uncertain meaning 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. Therefore, a condition contained in Column No. 18 of Nikahnama by the nikah khawan in Lahore, Pakistan, is not the object of the marriage contract and is not void is not the object of the marriage contract does not make court marriage in Pakistan void.
Permission For Marriage:
Permission of the first wife before contracting second court marriage in Pakistan is mandatory. Earlier marriages between parties were performed in the United Kingdom, a valid marriage between two Muslims. Husband, held, could not have entered into a second marriage without his wife’s permission under Muslim Family Laws Ordinance, 1961. marriage before Registrar in the United Kingdom did not necessarily import essentials of monogamy. Such marriage fulfills the requirements of Muslim marriage and would be recognized as 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.)
Consent of relations:
In the offense of Zina after court marriage in Pakistan, it was held that a 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 invalidate marriage if it is otherwise proved to have taken by requirements of Islamic Law. However, registration of marriage certificates by nikah khawan in Lahore Pakistan may cause some doubts on the existence and solemnization of marriage. The lacuna of marriage is in serious dispute between parties to the marriage. Compliance with requirements of section 5 as to registration of marriages is in no manner violation of Injunctions of Islam. However, the punishment prescribed for compliance with S. 5 should be suitably enhanced as the present punishment is not adequate to enforce strict compliance of S. 5.
