Court Marriage in Pakistan

Legal Framework:

1. Special Marriage Act, 1872:
   • The Special Marriage Act, 1872, provides the legal framework for court marriages in Pakistan.
   • The act allows individuals of different religions, as well as those who do not wish to adhere to religious ceremonies, to marry under civil law.
2. Procedure:
   • Under the Special Marriage Act, couples intending to marry must give notice to the Marriage Registrar of the district where at least one of the parties has resided for at least 30 days prior to the marriage.
   • The Marriage Registrar publishes the notice, inviting objections to the marriage, and conducts an inquiry if objections are raised.
   • If no objections are received or if objections are dismissed after inquiry, the Marriage Registrar issues a marriage certificate to the couple, allowing them to marry within three months of the notice.

Requirements for Court Marriage:

1. Age:
   • Both parties must be of legal marriageable age, which is 18 years for males and 16 years for females, as per the Child Marriage Restraint Act, 1929.
2. Consent:
   • Both parties must give their free and voluntary consent to the marriage without any coercion or undue influence.
3. Competency:
   • Both parties must be mentally sound and capable of understanding the nature and consequences of marriage.

Procedure for Court Marriage:

1. Notice of Intended Marriage:
   • The couple submits a notice of intended marriage to the Marriage Registrar, along with required documents such as proof of identity, age, and residence.
   • The notice is published by the Marriage Registrar to invite objections to the marriage.
2. Inquiry and Objections:
   • If objections are raised, the Marriage Registrar conducts an inquiry to determine their validity.
   • If objections are dismissed or if no objections are received within the specified period, the marriage can proceed.
3. Issuance of Marriage Certificate:
   • Once the notice period is completed and objections, if any, are resolved, the Marriage Registrar issues a marriage certificate to the couple.
4. Solemnization of Marriage:
   • The couple can marry in the presence of the Marriage Registrar and witnesses, typically in the court premises or any other location agreed upon.

Effects of Court Marriage:

• A court marriage solemnized under the Special Marriage Act is legally valid and recognized throughout Pakistan.
• The marriage certificate issued by the Marriage Registrar serves as proof of the marriage and facilitates various legal and administrative processes, including visa applications, inheritance rights, and other legal matters.