Sunday, 27 May 2018

Cancellation Of Court Marriage In Pakistan


When a male and a female signs papers of court marriage in Pakistan they enter into a contract. Once they have signed it they enter the liabilities as husband and wife of which they cannot cancel. Some of the teen agers after getting married are not ready to take liabilities or sometimes they take liabilities but get fed up and they start thing how to get rid of it. Most of the times this couple ask if they can cancel or undo the court marriage in Pakistan. The answer to such question is that the court marriage procedure in Pakistan cannot be cancelled and cannot be undo. If a signature of a male or a female has forcefully taken then there is a separate case but let me remind you that in a court marriage in Pakistan a statement of male or a female is given in a court before a magistrate and proper court proceedings take place. It is very much obvious that the court proceedings takes place systematically and whenever a case is filed a proper diary takes place so it is impossible to cancel or delete a court marriage procedure in Pakistan. This is out of question if someone claims that the signatures and thumb impression was taken forcefully. However if a party does nikah only and does not do a court marriage in Pakistan then it is possible that the signatures or thumb impression was taken forcefully. In this case the concerned party has to file a case of jactitation of marriage which is filed to undo the effect of nikah. In jactitation of marriage a party concerned takes a plea that the signature or thumb impressions are either fake or taken by force therefore the nikahnama registered requires to be cancelled. So if you court marriage in Lahore Pakistan or Karachi or wherever in Pakistan it cannot be cancelled.

Advocate Nazia a female lawyer famous for court marriage in Lahore Pakistan says that sometimes after court marriage in Lahore Pakistan the parents of female approaches her to cancel the court marriage. This request normally comes from those parents who are not well educated or are not acquainted with the law. They ask us to delete the court marriage in Pakistan but we have to convince them that this thing is not possible. Still they insist to delete the marriage but unfortunately this thing is not possible. However after court marriage in Pakistan a female can file a case of khula in Pakistan and a male can initiate talaq procedure in Pakistan but deleting a court marriage procedure in Pakistan is not possible. Still there are some back door channels through which some aid can be provided to the party but if someone is asking to legally delete a court marriage procedure in Pakistan then legally it cannot be done. Normally this situation arises when court marriage of a female comes in the knowledge of parents of bride and later on she comes under an influence of her parents but what is done is done.

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