Consent in court marriage procedure in Pakistan

Family Court would also be right in decreeing suit for jactitation of marriage filed against plaintiff if court marriage procedure in Pakistan was not rightly followed. Shariat Court upholding judgment of Family Court and dismissing appeal filed to challenge it. Court marriage procedure in Pakistan without consent of first wife is irregular. Ten acres of agricultural land which was mentioned in marriage certificate. Suit for recovery of dower and maintenance allowance was prayed by the plaintiff along with the divorce procedure in Pakistan. Family Court and Appellate Court had concurrently decreed suits filed by the plaintiff. Held, Defendant husband had contracted second marriage without consent of first wife and was living with his second wife and had failed to pay maintenance to first wife and minor child for the last five years. First wife maintained that Haq Mahr by the courts below had extensively Defendant husband had contracted second marriage fixed at the time of marriage was one building in which she residing and 10 acres of agricultural land; she, was however, alleged that after having given the suit land in dower, the defendant sold the same except 27 kanals. Defendants (husband) could not point out any illegality in the impugned concurrent judgments of the Courts below. Ten acres of agricultural land which was mentioned in Nikahnama, having been given to the plaintiff (first wire) lieu of dower along-with house, Trial Court had rightly come to the conclusion that she was entitled to possession of 27 Kanals land and amount of sale proceed of land which was sold by the defendant. 

Defendant who was man of means, could easily afford to provide maintenance allowance for his minor daughter living with the plaintiff." Immovable property claimed by wife as dower during divorce procedure in Pakistan after following the court marriage procedure in Pakistan, description of the same was not mentioned in Nikahnama. If property/house mentioned in Nikahnamna on account of lack of sufficient description leading to its identification then its price, if mentioned in Nikahnama, could be awarded then in the same way value of other property (agriculture), the price of which had not been mentioned in documentation/Nikahnama, could also be granted if evolvement of a mechanism for determination of value was possible, as the same was not in conflict with any provision of law rather in consonance with established principles for determining the value of property, then the same could be resorted to. Nikah of parties executed an lqrarnama after conducting court marriage procedure in Pakistan. Leave to appeal was granted by Supreme Court to consider the contentions of petitioner that evidence on record was not appreciated in its true perspective father of respondent in respect of Nikah of parties executed an lqrarnama in favour of petitioner concerning prompt dower and also personally bound himself as surety for respondent and dower amount was still outstanding against respondent and judgment passed by High Court was not in consonance with dictum laid down by Supreme Court in an earlier case.3Payment of sum of Rs.100,000 by husband in the9event of giving divorce to wife as stipulated in nikahnama was a valid one and recoverable by filing a suit before Family Court Leave to appeal was granted by Supreme Court to consider; whether condition of payment of sum of Rs.100,000 by husband in the event of giving divorce to wife as stipulated in Nikahnama was a valid one and recoverable by filing a suit before Family Court and to resolve the conflict of judgments of High Court in the cases of Nasrullah v. District Judge PLD 2004 Lah. 588 and Muhammad Akram v. Hajra Bibi PLD 2007 Lah. 515. 10. Column No. 17 of Nikahnama-Provisions of C.P.C. except Ss. 10 & 11 thereof would not apply to proceedings before Family Court by virtue of S. 17 of West Pakistan Family Courts Act, 1964. Recovery of dowry articles including gold ornaments was decreed in the divorce procedure in Pakistan