Can You Get Stay Order on Marriage:
- Yes! In some circumstances you can get stay order on marriage in Pakistan.
- This stay order can be granted only when these circumstances exist and there is a matter of urgency.
- A stay order is an injunction from the court to the concerned party to halt and not to proceed in this matter.
- In regards to the stay order on marriage, the court orders the defendant to appear before the court on the next date and not to conduct the marriage.
- The court can give the stay order on court marriage in Pakistan or on nikah when the below circumstances exist.
GROUNDS FOR STAY ORDER ON MARRIAGE
FORCED MARRIAGE
In case of forced marriage, the court can grant the stay order.
- For a marriage, the consent of the bride or the groom should be free consent and should not be taken by force.
- Any such forced marriage will also be a crime, but a stay order can also be taken in this regard.
- The petitioner should convince the court that the marriage to be held is a forced marriage and either the bride or the groom is not willing to it.
SECOND MARRIAGE
- In Pakistan, the second marriage is allowed to males but this second marriage is subject to permission from the first wife.
- If the husband is getting married without the permission of the first wife, then the first wife can file a case through a lawyer in Pakistan to obtain the stay order against it.
MARRIAGE OF MINORS
For a marriage, the bride and the groom should be at the legal age of marriage, which is different in each province of the country.
- If the bride or the groom is not at the legal age of marriage and they are getting married themselves or through their parents, then the concerned party can approach the court to grant the stay order on marriage in Pakistan.
- The bride or the groom not at the age of marriage can do nikah or even online nikah in Pakistan.
AUTHORITY TO GRANT STAY ORDER
The family court has the right to grant stay order on marriages which is not yet conducted.
An application can also be granted to the Commissioner office in case of child marriages.
LEGAL EFFECT OF STAY ORDER
In case the stay order was granted but still the marriage took place, then the court may punish the bride or the groom or other person against whom the stay order was granted for not obeying the court orders.
- It does not cancel the marriage.
- The marriage will still be intact.
- The male can divorce in Pakistan after the marriage and the wife can also take khula in Pakistan after the nikah.
- In case of forced marriage, the marriage itself is void as it the marriage never happened.
Any stay order against the marriage is just an order to not proceed with the marriage, but this stay order does not itself cancel the marriage or make the marriage void.
To cancel the marriage or finish the matrimonial bond, separate proceedings will take place.