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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ReplyDeleteFamily Lawyers in Pakistan | Family Law Services - Mavens & Co
The rights of married couples include the right to make love with each other, the right to give gifts of money or other material things to each other, and the right to share the financial benefits of their jobs. These are called .conjugal rights
ReplyDeleteIt is common in India to have a court marriage. In 1954, the Special Marriage Act was passed in order to allow two parties who were interested in getting married, the Act allows marriages between parties of the same or different religions by civil ceremony. Court marriage documents
ReplyDeleterestitution of conjugal rights - Restitution of conjugal rights has retained its importance in India because of the ongoing debate over criminalizing marital rape. This has led to interest groups challenging this law in court.
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