Legal Law Associates

Court marriage in Pakistan and family disputes: Why is it that in family disputes, the concerned girl or woman almost always finds her unable to get a fair deal from the prevailing system specially in case of court marriage in Pakistan? The same applies to other fields too. The odds are stacked against the woman in court marriage in Pakistan . So much so that whatever the contest she has very little chance against a man. Three major commissions or committees were set up from time to time in the past to identify the areas of discrimination against Pakistani women and suggest remedial measures and changes in the existing laws for the betterment of the tragic plight of women. Although, as asked, these bodies did make various recommendations, in practical terms little was achieved. Accepting of Girl after Court Marriage: The governments concerned often lacked the will, vision or self-confidence, or all of these, to accept most of these reforms. Even the few that were accepted...

Zina and court marriage in Pakistan: The court observed that the accused was subjected to rape and was a victim, "never a consenting party" to Zina after court marriage in Pakistan. Legal assistance to women prisoners is rare, even where they are granted bail by the courts; they are handicapped by not being able to come up with the required surety. At times, courts have also ruled that surety can only be furnished by a close male relative of the prisoner. This virtually deprives her of the right to bail particularly where the pursuers are family members. For criminal liability under qazf, Zina, and rape a girl is considered an adult at the age of 16 or when she attains puberty, which can be as early as 10 or 11 years old for court marriage in Pakistan . For boys, the age is fixed at 1o or when puberty. Offences against Property Ordinance and the Prohibition Order: Under the Offences against Property Ordinance and the Prohibition Order, the age for an adult is 18...

Witness of Court marriage in Pakistan: Qanun-e-Shahadat, 1984: Competence and number of witnesses (articles 7 and 17) these provisions leave much to the discretion of the court. It is the court that will determine the competence of a witness under the injunctions of Islam in court marriage in Pakistan . This is bound to lead to varied interpretations. In one case, for instance, the court expressly stated that in the matter of qisas the law required the evidence of two men or one man and two women. Considering that there are usually differences of opinion, strict consistency can hardly be expected. The law thus seems unfair in taxing the courts with laying down the law where varying interpretations of Islamic injunctions are possible. It may lead to much confusion and injustice. Recommendation: The provisions of the old laws are revived and if the Parliament considers it necessary to make any further change in this area, it should do so after serious debate and by reaching a conse...