Law: Azad Jammu and Kashmir Family Courts Act, 1993

Section: 5, Schedule

Law: Contract, Act, 1872

Section: 19

(a) Azad Jammu and Kashmir Family Courts Act, 1993 (XI of 1993)--- ----S. 5 & Sched.---Contract Act (IX of 1872), Ss.19 & 19-A---Suit for jactitation of marriage---Voidability of agreement of marriage without free consent---Power to set aside contract induced by undue influence---Scope---Plaintiff assailed order passed by Judge Family Court whereby her suit for jactitation of marriage was dismissed and the marriage was dissolved on the basis of khula---Validity---Plaintiff had, soon after the alleged nikah ceremony, went to the police station and lodged a compliant against her father and her alleged bridegroom, which strengthened the argument that her signature and thumb impression were taken with undue influence---Consent obtained by coercion or undue influence did not validate the marriage---Witnesses of the alleged nikah ceremony were not produced before the court---Appeal was accepted and the nikah was declared to be null and void. (b) Azad Jammu and Kashmir Family Courts Act, 1993 (XI of 1993)--- ----S.5 & Sched.---Contract Act (IX of 1872), S.19---Marriage---Concept---Voidability of agreement without free consent---Scope---Marriage is a civil contract based on mutual consent on the part of a man and woman---Solemnization of marriage requires Ijab-o-kabul, that there should be a proposal made by or on behalf of one of the parties and an acceptance of the proposal by or on behalf of the other, in the presence of two male or one male and two female witnesses, as the case may be, who must be sane adult---Ijab-o-kabul should be without fear or undue influence or fraud---Marriage without a free consent of both the parties would not be legally valid---Consent obtained by coercion or undue influence from any of the parties would make the marriage invalid. (c) Azad Jammu and Kashmir Family Courts Act, 1993 (XI of 1994)--- ----S.5 & Sched.---Contract Act (IX of 1872), S.19---Marriage---consent of woman---Necessity---Scope---Guardian of woman---Responsibility---Scope---Voidability of agreement without free consent---Scope---Guardians are enjoined by Islam to get their daughters married after getting their consent---Consent of a woman is necessary;…

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