REGISTRATION OF MARRIGE,HISTORICAL BACKGROUND,VALIDITY OF NON-REGISTER MARRIAGE, SOLEMNIZED MARRIAGE, S.5 OF FAMILY LAW ORDINANCE 1961

 

REGISTRATION OF MARRIAGE

HISTORICAL BACKGROUND

In the early fifties, a sizeable segment of the society, and in particular the female sector had mental reservations as regards the treatment meted out to women by the male-dominated society. The All Pakistan Women's Association, a body that claimed to represent the woman's point of view was at the forefront in claiming legislation to protect their rights and had in fact started agitation. To alleviate the situation, the government constitutes a commission to consider the various aspects of the demands and make recommendations in relation to the family system.

According to Islamic traditions, Nikah is performed between a male and female adult when in the presence of witnesses one of them proposes and the other spouse accepts the proposal for consideration. Legal consequences of the marriage thereafter flow for all practical purposes.

INTRODUCTION:

                               Muslim Family Law ordinance is an enactment that according to its preamble was intended to give effect to certain recommendations of the commission on marriage and family laws.

 

SOLEMNIZED MARRIAGE U/5 OF FAMILY LAW ORDINANCE 1961

S.5(1) Every marriage solemnized under Muslim Law shall be registered in accordance with the provisions of this ordinance.

S.5(2) For the purpose of registration of marriage under this ordinance, the union council shall grant licenses to one or more persons, to be called 'NIKHA REGISTRARS'.

S.5(3) Every marriage not solemnized by Nikah Registrar shall, for the purpose of registration under this ordinance, be reported to him by the person who has solemnized such marriage.

S.5(4) Whoever contravenes the provisions of sub-section (3) shall be punishable with simple imprisonment for a term which may extend to three months, or with a fine which may extend to one thousand rupees, or with both.  

5. (5) The form of Nikahnama, the register to be maintained by Nikah Registrars, the record to be preserved by union councils, the manner in which marriages shall be registered and copies of nikahnama shall be supplied to the parties, and the fees to be charged therefor, shall be such as may be prescribed.

S.5(6) Any person may, on payment of prescribed fee, if any, inspect at the office of union council the record preserved under subsection 5, or obtain a copy of any entry therein.

        EXPLANATION OF SECTION 5:

         Section 5 provides that every marriage solemnized under Muslim Law, shall be registered, in accordance whit the provision of the ordinance and for this purpose, the union council is authorized to grant licenses to one or more persons, to be called Nikah Registrar. Every marriage not solemnized by the Nikah Registrar is required to be reported to him by the person officiating at the marriage, for the purpose of registration.

         

         The law provides the punishment for nonregistration of marriage solemnized by a person other than the Nikah registrar.

         RESTRICTION ;

                                     It may be stated that registration of marriage can only be made under the     

                                      Muslim Family Law ordinance 1961. It cannot be made under any other law,

                                       custom, or usage.

           NON-REGISTRATION OF NIKAH/ MARRIAGE          

           Registration of Nikah is not necessarily the proof of Nikah, as, in Muslim, Law Nikah can be performed by offer and acceptance in presence of witnesses. Nonregistration of Nikah would only attract a penalty u/s 5(4). However, the nonregistration of Nikah is supporting circumstances that the marriage has not solemnized, if done so, the Nikah would have been registered in accordance with the provisions of Muslim Family Law ordinance 1961.

         Nonregistration of Nikah although a serious irregularity but same would not derogate from the validity of Nikah.

         Family Court while entertaining the suit of non-registered marriage, was to report the matter to the relevant union council.

        VALIDITY OF NON-REGISTER MARRIAGE

        It is held by the Lahore High Court that marriage solemnized under Muslim Family Laws ordinance,1961 requires its registration but Nikah does not become invalid due to its non -                  registration. If a person does not report the marriage to the Nikah registrar for the purpose of registration he may be liable u/s 5(4) of Muslim Family Law Ordinance,1961. But it's non-         

       registration in itself, would not invalidate the same if factum of marriage otherwise proved 

       to have taken place in accordance with requirements of  Islamic law