Court MarriageFamily LawComplete Court Marriage Procedure

Court marriage in Pakistan is a legal and simple process conducted under the Muslim Family Laws Ordinance, 1961 and Marriage Act, 1872 (for non-Muslims). Here’s a step-by-step guide to the court marriage procedure for Muslims in Pakistan:

 

Court Marriage Procedure In Pakistan for Muslim Couple

Step 1: Free Will Declaration / Affidavit

• The bride and groom must affirm that they are marrying of their own free will.
• This affidavit is attested by an Oath Commissioner.

Step 2: CNIC Verification

• Both parties must provide:
  • Original CNICs or B-Form (if under 18)
  • Copies of CNICs
• If the girl is under 18 but has reached puberty, the court may allow the marriage.

Step 3: Witnesses

• Minimum two adult Muslim male witnesses are required.
• They must have valid CNICs.

Step 4: Nikah (Marriage Contract)

• A Nikah Khawan (authorized person) performs the Nikah ceremony.
• A Nikah Nama (marriage contract) is filled and signed by:
  • Bride
  • Groom
  • Witnesses
  • Nikah Khawan

Step 5: Registration of Nikah

• Nikah Nama is registered with Union Council / Local Government.
• A Computerized Marriage Certificate (NADRA) is issued.

 

Required Documents

 

Document	Groom	Bride
CNIC copy	Yes	Yes
Passport Size Photos	Yes	Yes
Free will affidavit	Yes	Yes
Witness CNIC	Yes	Yes
Divorce Certificate/death certificate/	Yes	Yes

 

Legal Protection

• Court marriages are fully legal and valid in Pakistan.
• Article 35 of the Constitution protects the family unit.
• The Supreme Court has upheld free will marriage as a fundamental right.

Court Protection (Optional)

• If there’s fear of harassment from family, you can file:
  • Application to Session Court for protection.
  • Court may issue protection orders.

 

Fees 

• Lawyer Fee
• Nikah Khawan fee
• Affidavit and documentation.

Notes

• For non-Muslims, marriage is governed by their personal laws (e.g., Christian Marriage Act).
• Both parties must be of legal marriageable age (18+ ideally).

 

.

 

Free Will Affidavit (for Bride or Groom)

 

AFFIDAVIT

I, . …………….daughter/son of…………, Muslim, adult, resident of ………..bearing CNIC No. ………………….. do hereby solemnly affirm and declare as under:

1. That I am a major (above the age of 18 years), sui juris, and competent to contract marriage under Islamic Law.
2. That I have contracted marriage with …………., son/daughter of ………on ………. according to Islamic Shariah and Nikah has been performed with my free will and without any coercion, pressure, or threat.
3. That no one has forced or influenced me to enter into this marriage.
4. That I am fully aware of the consequences and legality of this marriage.
5. That this affidavit is executed to place on record my free consent and willingness to this marriage.

Deponent:
(Signature with thumb impression)
Name: ___________________
CNIC: ___________________

Verification:
Verified on this ____ day of ____, 20, at ___________, that the contents of this affidavit are true and correct to the best of my knowledge and belief.

(Signature of Oath Commissioner)

 

 

 

 

 

 

Application for Court Protection (Optional)

 

BEFORE THE LEARNED SESSION JUDGE / ADDITIONAL SESSION JUDGE

1.  [Name of Husband], son of …………, CNIC………………resident of ………..
2. [Name of Wife], daughter of …………, CNIC: ………… resident of …………….. …                                      ……………………………………………………………………………….………..Applicants:

Versus

1. SHO, Police Station [Name]
2. [Name(s) of family members causing threat, if any]
3. Any other concerned person

…………………………………………………………………………………………..……..Respondents:

 

 

Application Under Article 199 of the Constitution for Protection of Life and Liberty

 

Respectfully Sheweth:

1. That the applicants have solemnized their marriage on [Date] out of their own free will, according to Muslim rites and Shariah.
2. That Nikah was performed in the presence of lawful witnesses.
3. That the applicants fear threats, harassment, and possible harm from the respondents who are against their marriage.
4. That fundamental rights under Article ……of the Constitution guarantee the right to life, liberty, and dignity.
5. That the applicants seek court protection against harassment and illegal interference.

Prayer:
It is respectfully prayed that this Honorable Court may kindly be pleased to:

• Direct the concerned SHO to provide protection to the applicants.
• Restrain the respondents from harassing, threatening, or interfering in the lawful life of the applicants.

Applicant(s):
(Signatures of both husband and wife)

 

Through Counsel:
[Name of Advocate]
[Address & License No.]