Court Marriage in Pakistan: 10 Legal Requirements and Procedure

Court marriage in Pakistan provides a legal and straightforward way for couples to formalize their union, especially when traditional ceremonies or familial approval are not possible or preferred. This form of marriage is legally recognized and offers a clear legal framework for the couple’s relationship. This article will guide you through the requirements and process of court marriage in Pakistan, highlighting the steps involved and important considerations.

Understanding Court Marriage

Court marriage in Pakistan is a legal procedure that allows couples to marry without the traditional or cultural ceremonies. It is often chosen by couples who prefer a simple, formal process or those who face challenges in obtaining familial consent.

It is important to understand that marriages in Pakistan do not held in court room. It is a common misconception that a court marriage is held in court, but in reality it does not. However in some cases a statement of wife is recorded in court to avoid any criminal case against the husband from the family of wife. It is generally recorded after the marriage is solemnized and all of the requirements are fulfilled. The requirements and process of court marriage is mentioned below.

Requirements for Court Marriage

Before initiating the court marriage process, ensure that both parties meet the eligibility criteria and make arrangements to fulfill the following requirements:

1. Age

Generally the minimum age for marriage in Pakistan is 18 years for males and 16 years for females. However, in some parts of Pakistan like province of Sindh, minimum age for marriage of females is also 18 years and the legislature is considering to change the minimum age for marriage of females to 18 years in other parts of Pakistan as well.

2. Marital Status

At the time of marriage, in case of female, she must be single or legally divorced if previously married and has passed the Iddet Period, which is generally 3 months. Evidence of divorce or the death of a former spouse may be required.

And for males, they can marry up to four women at a time, but for the marriage in presence of wife or wives in wedlock, he has to take permission from the arbitration council/union council concerned to get married in Pakistan.

3. Consent

Mutual Consent for marriage is very crucial. Both parties must consent to the marriage willingly. Forced marriages are not recognized legally.

4. Pronouncement of Marriage

For marriage, both the parties pronounce the contract of marriage, one of them offers to marry and the other accepts the offer. This step is one of the most important parts of the marriage.

5. Two Witnesses

One of the requirements of marriage is that the marriage should take place in presence of at least two witnesses.

6. Mehr

Mehr is the consideration given to woman by man at the time of marriage. The mehr is compulsory for marriage to be solemnized.

7. Nikah Nama

Nikah Nama is a marriage certificate form, which is to be filled by the parties, in which the terms of marriage are mentioned and signed by the parties. There are three original copies of Nikah Nama are prepared, one for each party and the third one is registered with the union council. Generally Nikah Khawan, person registered with the government for that purpose, prepare and register Nikah Nama.

8. Nikah Khawan

A Nikhan Khawan is a person, duly registered with government for solemnization of marriages. He prepares the document of Nikah Nama and register the Marriage in government records. He is not legally required for marriage, but his presence helps a lot for pronouncement and registration of marriage. 

9. Professional Guidance

While court marriage is straightforward, it’s always a good idea to seek legal advice if you have any concerns or specific questions. A lawyer specializing in family law can provide guidance on the process, help with documentation, and ensure that all legal requirements are met. In case of a court marriage in Pakistan, many inconvenience may be caused due to threats from families of couple, therefore it is always advised to hire a lawyer to tackle legal repercussions that may cause suffering afterwards.

10. Statement in Court

It is not part of the marriage, but in case of a court marriage in Pakistan, if there is a threat of launching criminal case of abduction against the husband by the wife’s family members, which is quite common in Pakistan, it is always advised to record the statement of wife in the court that she has married to the person with her own consent and free will. With this statement, launching of any criminal charge against the husband may be avoided.

For this step you would need the assistance of an advocate, who would file a case at appropriate forum for the statement to be recorded. You may contact us for such services.