COURT MARRIAGE IN PAKISTAN | COMPLETE GUIDE BY ADV ALI

COURT MARRIAGE IN PAKISTAN:

Court marriage in Pakistan is a legal marriage between a male and a female conducted through a lawyer and registered through a licensed court marriage registrar. In a traditional marriage like Online Marriages, couples invite all the family members, relatives, and friends, but in the court marriage procedure in Pakistan, only the bride, groom, and witnesses attend. According to the court marriage law in Pakistan, the bride and the groom also get legal protection from the court. You hire a  lawyer for this service. Generally, bride or the groom avails these services when they want to keep the relationship confidential or when it is a love marriage, and the couple needs legal protection from the court. Our law firm provides the best marriage and divorce services in Pakistan. We have an economical court marriage fee in Pakistan so that everyone can afford it.

COURT MARRIAGE PROCEDURE IN PAKISTAN

Ø  Contact a lawyer and discuss your case with him.

Ø  Provide him with all the relevant information and documents required.

Ø  Pay the lawyer for the services.

Ø  Schedule a time and date for the services.

Ø  On the scheduled date, the lawyer will make all the necessary arrangements.

Ø  The lawyer will appoint a licensed marriage registrar through the court, and on the given date, the nikah ceremony will be conducted by him.

Ø  Once the ceremony is conducted, the marriage will be registered by the registrar at the lawyer’s direction.

Ø  Once the marriage is registered, you will be issued the nikahnama and the computerized marriage certificate.

Ø  For legal protection, the lawyer will file a case in the court.

COURT MARRIAGE LAW IN PAKISTAN:

The court marriage law in Pakistan allows a male and a female to get married by their own choice. Adults males and the females have the complete authority to choose marriage for themselves. The offer and acceptance of the marriage are from the bride and the groom and not from their parents. If parents obstruct the marriage decision of any male or female, they can avail themselves of the services of marriage according to the court marriage law in Pakistan. Once the couple finalizes the court marriage procedure in Pakistan, the court also gives them protection orders.

COURT MARRIAGE REQUIREMENTS IN PAKISTAN:

Below are the court marriage requirements in Pakistan.

  • Marriage can be between a male and a female only. Same-gender marriage is a crime in Pakistan.
  • The bride and the groom should be of the age of majority.
  • For unmarried couples, they should have their ID card copies.
  • Foreigners should have a passport copy.
  • For a second marriage, the male should have the permission from their first wife.
  • For a widow, she should have the death certificate of her spouse.

A divorced person should have their divorce certificate from Pakistan

COURT MARRIAGE FEE IN PAKISTAN:

The court marriage fee in Pakistan is between Rs25000 and Rs50000, depending on the circumstances of each case. Lawyers and cities do not fix the court marriage fee in Pakistan, and it varies from lawyer to lawyer and city to city. An experienced family lawyer may charge you more than a new or an incompetent lawyer.


Cour Marriage Age in Pakistan:

The court marriage age in Pakistan is eighteen years in all the provinces except Punjab. In Punjab, the age for marriage is the age of puberty. A female can be at the age of puberty at 16 years also. The court marriage procedure in Pakistan may slightly vary in each province.

COMMON MISTAKES PEOPLE MAKE IN COURT MARRIAGE

The most common mistakes people make while availing the services of court marriage are:

  • They do not bring the required documents.
  • They do not call before visiting the office.
  • They conceal their actual marital status.
  • They conceal facts from the lawyer.

SUGGESTIONS TO AVOID THESE MISTAKES

Below are the suggestions to avoid these common mistakes:

  • Always bring the required documents.
  • Call before visiting the office to ensure that we are available.
  • Do not conceal your marital status, as the marriage certificate is issued by NADRA, and it already has your records.
  • Do not conceal facts from your lawyer, as they are there to help you. If you do not disclose the true facts, it can be legally harmful to you.

Court orders for court marriage

RELEVANT LAWS OF COURT MARRIAGE

A court marriage is registered in Pakistan under Section 5 of the Muslim Family Laws Ordinance, 1961.

Relevant case laws include:

  • PLD 1999 Lahore 494 (Humaira Mehmood vs. State): An adult Muslim female can marry of her own free choice and consent and does not require the permission of a Wali.
  • PLD 1997 Lahore 301 (Saima Waheed vs. State): An adult Muslim female can independently marry a person of her choice without the consent of her parents.

WHO CAN DO COURT MARRIAGE IN PAKISTAN

  • An adult Muslim or non-Muslim above the age of 18 years
  • A Pakistani citizen or a foreigner
  • An overseas Pakistani marrying in Pakistan
  • A divorced woman
  • A widow
  • A person holding a valid ID card or NICOP
  • Couples from different sects of Islam
  • Couples from different provinces or cities

DIFFERENT SITUATIONS WHEN COURT MARRIAGE CAN BE DONE THROUGH US

  • Court marriage when parents are against their marriage
  • Court marriage without parents’ permission or approval
  • Court marriage when couples are from different cities or provinces
  • Court marriage with a foreigner in Pakistan
  • Court marriage after divorce in Pakistan
  • Court marriage after the death of your spouse

WHAT HAPPENS AFTER COURT MARRIAGE

  • You get your attested Nikahnama
  • You get your computerized marriage certificate
  • You get your protection orders from the court
  • You can change your ID card with your husband’s name
  • You can change your passport with your husband’s name
  • You can update your marital status in NADRA
  • You can obtain your FRC with your spouse
  • You can apply for a spouse visa
  • You can get your marriage documents attested from MOFA

Court marriage in lawyers office

WHAT IF YOUR FAMILY OPPOSES THE MARRIAGE

Court marriage in Pakistan is generally done when the family of the bride or the groom does not give their permission. In this case, when you avail of these services, the law recognizes your marriage. The government gives you a valid marriage certificate, and you also get protection orders from the courts against the family opposing your marriage. If you are an adult, then the law gives you the right and protection to get married by your own choice.

COMMON REASONS WHY THE COURT MARRIAGE IS REJECTED IN PAKISTAN

  • Marriages of minors are not allowed in Pakistan
  • Not having a divorce certificate while claiming to be divorced
  • Not having a death certificate of the spouse while claiming to be a widow
  • Not having a document that proves your date of birth
  • Not having a valid ID card

COURT MARRIAGE WITH A FOREIGNER IN PAKISTAN

A court marriage with a foreigner in Pakistan is valid. Pakistani law allows a Pakistani citizen to get married to a foreigner in Pakistan. When a foreigner wants to get married to someone in Pakistan, he should have a valid passport copy with him. Once they get married, they will get the below documents:

  • Manual Nikahnama
  • Computerized marriage certificate
  • Court orders, if applicable
  • They can have the marriage certificate translated or attested if they want to use the certificate abroad for a spouse visa, family visa, immigration application, foreign marriage registration, etc.

 

Frequently Asked Questions

A nikah nama is a valid marriage certificate. The computerized nikah nama is optional and a legal requirement for many things, but it is not mandatory. If you have a nikah nama registration in Pakistan, it is a valid marriage certificate.

No! You cannot register your own nikahnama in Pakistan. A licensed registrar and a lawyer are the only ones authorized to register your marriage in Pakistan. The government of Pakistan has given this authority to them.

On the first step, a licensed lawyer or a registrar will register your nikah nama in the union council and then apply for a Nadra nikah nama.

The difference between the nikah nama and the marriage certificate is that the nikah nama is manually registered, and the marriage certificate is a digitally registered certificate. You can apply for this digital certificate only after the manual nikah nama registration in Pakistan.

The document required for nikah registration is a copy of the ID card only. In case anyone is divorced, then we require a  copy of the divorce certificate. In the case of a married male, we will require the permission letter from the first wife. In the case of a foreigner, we will require a passport copy.

Generally, it takes one day to register a nikah nama, and a computerized nikah nama can take up to one week.

To get a Nadra marriage certificate after the nikah nama, you have to request the nikah registrar who registered the nikah nama to apply for your computerized nikah nama. You cannot apply for it yourself.

No! You cannot register your nikah nama online. Only licensed nikah registrars and lawyers can register your marriage.

o! Neither spouse needs to be present for registration. You may appoint a lawyer or special attorney to be present on your behalf for the nikah nama registration in Pakistan.

Yes! An overseas Pakistani can do a court marriage in Pakistan. Overseas Pakistanis conduct their marriages in the same way as others. The only thing extra required by an overseas Pakistani is their NICOP card.

No! The CNIC is not mandatory for a court marriage in Pakistan. All you require is proof of your identity, which can be your birth certificate, B form, matric certificate, driving license, etc.

A free will affidavit in a court marriage is an affidavit in which a female swears on oath that she entered into her marriage with free consent and without any threat or coercion. In Punjab, generally, instead of an affidavit, the bride gives a statement before the court, which is the more authentic way to do it.

Yes! We can do the court marriage urgently. You can also do it in 30 minutes if you hire a lawyer in advance. When you hire a lawyer in advance, he makes all the arrangements before you come, which saves you time.

Yes! The court marriage is confidential in Pakistan. Unless you don’t disclose it, no one discloses it.

No! No one, including the police, can stop a court marriage in Pakistan.

Yes! You can do an online court marriage in Pakistan. If you are abroad or cannot come to the lawyer's office, then ask him to arrange your online marriage in Pakistan.

Your lawyer will provide you with the free will affidavit for a court marriage. In Punjab, instead of free will, the statement of the female is recorded before the judge, which is more authentic than an affidavit.

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