Registration of Muslim Marriages – Pakistan

According to the Muslim Family Laws Ordinance, 1961 a marriage solemnized under Muslim Law is required to be registered in accordance with the provisions of the MFLO but non-registration of marriage (Nikah) by the Nikah Registrar does not invalidate the marriage.

Saleema Bibi and 3  others v. Khair Muhammad and 2 others 2010 YLR 691

Aftab Ahmad v. Judge Family Court and 3 others 2009 MLD 962

Muhammad Akram v. Mst. Farman Bi PLD 1989 Lahore 200

In Abdul Majid Khan and another v. Mst. Anwar Begum PLD 1989 SC 362 the Supreme Court has laid down that the presumption regarding Muslim marriage, in absence of direct proof can be raised and acted upon, in the following instance:–

(a) prolonged and continuous cohabitation as husband and wife.

(b) The fact of acknowledgement by the man, of the paternity of the children born to the woman, provided all the conditions of valid acknowledgement are fulfilled or;

(c) The fact of the acknowledgment by the man, of the woman, as his wife.

In Bashir and others v. Ham Din and others PLD 1988 Supreme Court 8 it was held that Muslim Law presumes the existence and validity of marriage in the absence of direct evidence when there a man and woman have lived together as man and wife for a long time.

 


Leave a Reply

Your email address will not be published. Required fields are marked *