Marriage Restraint Act in Pakistan:
The Child Marriage Restraint Act in Pakistan of 1929 provides restrictions on marriage of the minors. Marriage is the right of every citizen of the country but the law also provides some qualifications for the person to get married. To do nikah or court marriage in Pakistan the person doing the marriage should be of the age provided by the law. The law on the age of marriage is different in different provinces. In KPK, Balochistan, and Sindh the law says that the age of marriage for both the male and the female will be 18 years but in Punjab, the age of marriage for female is 16 years. Whatever age has been fixed by the law the bride and the groom have to be of such age.
The Child Marriage Restraint Act in Pakistan of 1929 debars minors to get married. The family court on the complaint of the relevant union council can issue a stay order on the marriage if the marriage of the minors is about to be solemnized. The stay order by the court restricts the minors and their guardians from solemnizing the marriage. This marriage can be halted by the court but in case the marriage is done then the court cannot declare the marriage as void only on the grounds of a minority of bride or groom. The court can give stay orders on nikah and online marriage in Pakistan also. In case the marriage is solemnized then the only way to get this marriage finished is through the procedure of divorce in Pakistan.
Below are some of the salient features of the Child Marriage Restraint Act in Pakistan.
- The family court has the authority to issue a stay order against the marriage of the minors.
- The Family court can proceed with the application of the relevant union council.
- No stay order will be issued by the family court unless the notices are issued to the guardians or the parents of the bride and the groom.
- Upon the complaint of the child marriage, the family court can make the inquiry either on its own or can seek the assistance of the law enforcement agencies to inquire into the matter.
- The court will not entertain any application that is given other than the union council of the relevant area.
- After the notices are issued to the other party, the court will give the opportunity to the other party to be heard.
- If the court is satisfied that the grounds exist for the stay order, the family court will issue the stay order under the Child Marriage Restraint Act in Pakistan.
- If anyone violates the court orders under this act will be punished with six months in jail.
- All the proceedings before the family court under this act are prior to the marriage. If the marriage is solemnized then the only way to finish this marriage is that either the husband gives the talaq in Pakistan or the wife files a case of khula in Pakistan.
Read our other blogs on the Unmarried certificate in Pakistan, and Khula Procedure in Pakistan. For details please contact our expert lawyer in Lahore Pakistan.
