Court Marriage

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The court marriage is a formal union of a man and a woman, typically solemnized by legal procedure in the court of law, by which they become husband and wife. Such a marriage is solemnized before the Magistrate/Registrar of the area where both or any of the parties to such a marriage reside.

 

Now how you proceed for court marriage in Pakistan

Pakistani Constitution has given Right of Liberty to choose a person to marry with. We at PK-Legal support the youth so that their desires should be fulfilled through Court Marriage. Some other reasons are also responsible for rise of court marriage for example the late marriages, rise in education level and increased contact among the members of opposite sex etc.
 
Now a days, rise in education level has changed the way of life in Pakistan but still our society is conservative on this particular issue of court marriage. Parents also treats their child as a property of their family rather than a living person.
 
Due to rise in court marriage trends the incidents of honor killing are also increasing so it’s utmost important that life and liberty of the court marriage couple should be protected by state. So at last not least grownups having age of marriage can fulfill their wish of marriage with their free will through court marriage by adopting the legal procedure. The work not stop at solemnization of court marriage, it’s more important that the couple performing court marriage should be protected also, so that they can enjoy there right of court marriage conferred to them by the Constitution of Pakistan.

Documents Needed:

  1. Both should have valid CNIC, in case if non-availability of CNIC then passport of Matriculation certificate or Form can also be used.
  2. There should be two marriage witnesses, in case you are unable to manage then we can help with that as well.
  3. Six passport size photos of the bride.
  4. Free will affidavit from Girl’s side.
  5. In case of 2nd marriage then valid Divorce Certificate or Death Certificate of deceased partner.

If you are thinking about the court marriage then just make us a call to discuss your matter with confidence. Alvi law Associates never share your private information with anyone at any stage.

Nikah Nama

How to get Nikkah Nama (Marriage Certificate) if it is lost

‘Nikah Nama’ (marriage contract) is a legal document certifying the solemnization of marriage between a husband and wife. Under the Muslim Family Law Ordinance 1961, It is mandatory that the Nikah Nama is registered with the local Union Council, where an original copy of Nikah Nama is kept as public record and two other copies to be served to bride and groom.

If you have lost your Nikkah Nama, or you need to obtain a duplicate/certified copy of your Nikah Nama, the best course of action is to contact concerned authorities of Union Council where it was registered and apply for a certified and attested copy. This sometimes become an uphill task for expatriate Pakistanis living in different countries of the world who cannot travel to Pakistan for this task.

In case you are living abroad or don’t have enough time to make a few visits to the union council for this purpose, we will be happy to assist you in this. Just send us some relevant details e.g. Names and Father names of you both (bride and groom) date of marriage and area where marriage took place, and we will obtain and send you certified and attested copy of a Nikah Nama anywhere in the world, and that too within shortest possible time.

Our services are limited to a few major cities of Pakistan where we can obtain a copy and dispatch you within three to four working days from the date you provide us with all necessary details.

Child Custody, Child Adoption and Guardianship Services

Child Custody Rules/Laws

Child custody is a burning issue for every divorce in Pakistan, which makes both parents to know about child custody laws. Each parent seeks every kind of legal provision to gain custody of their child even though being a single parent is tough.

Child welfare is the key factor taken into consideration by the court while granting custodial rights to any parent. Thus, aspects such as financial stability of parent, reported misconduct, character and capacity of parent are given importance.

The courts grant physical rights to one parent, however increased number of cases have seen shared legal responsibility and guardianship of any child(ren). Thus custodial laws in Pakistan can also be classified as physical and legal.

According to the judicial system established in Pakistan, the legal right over minors implies that the parent is solely responsible for the welfare of the juvenile in question.

While dealing such issues, the court considers the preference of the minor in question, if he/she is old enough to form an intelligent preference.

Traditionally in Pakistan, mothers were given ownership of minor, but the trend has been showing signs of change. More and more women are opting for career driven lives, which may not enable them to bring up their children as a single parent.

Legal Age of Child Custody after Divorce

In Pakistani Laws the custody of a minor is given to the mother, this right is called as right of hizanat. But after the age of seven years, the mother’s right over the son ends however it is not an absolute right; it is made in the interest of the boy. Girls are given to mothers until they attain puberty. One important aspect of this law is that the conduct of the mother is of great importance, and if that is found ‘objectionable’, she may not be given custody rights. The father has the right to custody after the mother’s term ends by the court of law. In case of the absence of both parents, the grandparents are offered the custody of the child.

However, an important point to be noted is that irrespective of the customs or personal laws, any parent who wants custody of a child and cannot reach a settlement has to seek custody separately from the Court. There is never any automatic transfer of a child’s custody to a particular parent.

We at Alvilaw have years of experience in Child custody and child adoption cases
If you do have a similar case or need any help regarding the same then please do not hesitate to call us or contact us through our website. Our best lawyers will be happy to assist you with their free legal advice on your child custody or adoption case