Understanding Court Marriage:

Court marriage, also known as civil marriage and love marriage, is a legal process through which couples can formalize their union outside the traditional religious ceremonies. It provides an alternative avenue for couples who wish to exercise their right to marry based on their own free consent. Court marriages hold significant importance in Pakistan, offering a way for couples to establish a legally recognized relationship while navigating the legal framework in the country.

The Legal Framework of Court Marriages in Pakistan

The Legality and Recognition of Court Marriages

There is no specific law regarding court marriages in Pakistan but the constitution of the Islamic Republic of Pakistan provides the right of freedom to marry another person of the opposite sex with mutual consent. The constitution provides the legal foundation for couples to solemnize their marriage without interference from parents, elders, relatives or the tribe, irrespective of their religious beliefs or backgrounds. It ensures the legality and recognition of court marriages throughout the country.

Procedure and Requirements for Court Marriage

The procedure for court marriage in Pakistan is very simple and it does not involve several steps to ensure compliance with the legal requirements. We require the CNIC of the couple and 6 passport-size photographs of both, the bride and the groom for verification purposes.

Role of the Court in Court Marriages

It may be surprising for you that in Pakistan, there is no role of the court in court marriages. The word “court marriage” came from India where a separate court marriage law and court proceedings. Previously, court marriage was called “Civil Marriage” and “Love Marriage” in Pakistan but due to the popularity of Indian movies, Once the application is submitted, the court scrutinizes the documents and verifies the eligibility of the couple to marry. Subsequently, a notice is issued for the intended marriage, allowing any objections to be raised within a specified timeframe. If no objections are raised or the objections are found to be unsubstantiated, the court proceeds with the solemnization of the court marriage.

Issuance of the Marriage Certificate

Following the completion of the court marriage process, a Nikah Nama (marriage contract) is issued and on behalf of that Nikah Nama, the NADRA marriage certificate is issued to the couple. This certificate serves as legal proof of their marriage and is recognized by authorities, institutions, and government entities. It provides the couple with the rights and privileges associated with a legally recognized marital relationship.

Court Marriage Plays a Crucial Role in Pakistan’s Legal Landscape

Court marriage plays a crucial role in Pakistan’s legal landscape, offering couples the opportunity to exercise their right to marry based on their own consent. By following the legal framework and procedures established by the Special Marriage Act 1872, couples can formalize their union and obtain a legally recognized marriage certificate. This provides them with the rights, benefits, and protections associated with a valid marriage. Court marriages in Pakistan continue to serve as a significant avenue for couples seeking to establish their union under the legal framework of the country.