LegalRelationships

Legal Service For Court Marriage Procedure in Pakistan And Court Marriage Cases

Cases of court marriage in Lahore Pakistan:

As reported by Advocate Nazia on cases of court marriage Lahore Pakistan she says that it was held that the High Court is only concerned with the question whether the detenue produced before it, is living of her own free will with the party against whom the allegation of illegal detention is made, and it would not go into any further question as to the validity of the court marriage in Lahore Pakistan of the detenue with the man with whom she is living. That question can be gone into only in a civil suit (PLD 1962 Kar. 725). Order by High Court handing over custody of the married daughter to her mother on mother’s habeas corpus application was entertained. Leave petition filed by husband dismissed with the observation that he may seek remedy by way of suit for restitution of conjugal rights before Family Court.

Muslim Family Laws Ordinance Orders For Court Marriage:

Muslim Family Laws Ordinance (X of 1961), S. 6(5) (NLR 1986 Cr. LJ 36). S. 491 read with Muslim Family Laws Ordinance (VII of 1961). The contention that case having involved right to guardianship, and custody of minor and such matter shown in the schedule of Ordinance VIII of 1961 and falling within the exclusive jurisdiction of Family Court, High Court’s jurisdiction under Section 491, Cr.P.C. competently outset. Held, court marriage in Lahore Pakistan between the respondent and detenu even if proved, her detention in private custody of respondent may not be termed as illegal but because of Shariat Law giving her right of exercise of option of puberty, detention of minor undoubtedly improper and against her welfare (PLD 1981 Kar. 11; PLJ 1981 CRPC. 120).

Some of the Important Cases of court marriage:

Detenue waiting to her Advocate by letter informing him about her restraint in the house of her ex-husband was filed in court. Advocate submitting letter before Chief Justice who treating detenues letter as habeas corpus application. Chief justice directed the office to place it for hearing in court. Order for recovery and production of detenue passed by Single Judge on detenu’s letter, which was treated as a petition, was fixed for hearing by the office. Matter coming up for regular hearing before Single Judge. Contended for the respondent that there was no proper petition/s. 491 before High Court, as a letter was written by detenue, was addressed to her counsel and not to High Court. Contention repelled and objection overruled (NLR 1980 Criminal 238; PLD 19800 Lah.350).

Habeas Corpus Petition by Mother was Filed for the Production:

Habeas corpus petition by mother was filed for the production of her married daughter having three children from wedlock after court marriage in Lahore Pakistan. Detenue stating after production before High Court that husband- respondent maltreated her and did not permit her parents to see her and whenever they visited her he kept her in illegal detention. She expressed a desire to go with her mother. The wife was an adult so High Court allowed her to go wherever she liked (NLR1982 UC 3791). Bailiff submitting a report that he raided the respondent’s house with the police and found detenue lying there in chains with both of her legs tied with an iron chain. Detenue also complaining that she was wrongfully contained by the respondent who committed rape with her several times. The case was registered accordingly.

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