Law: Muslim Family Laws Ordinance, 1961

Section: 5,10

Law: Family Courts Act, 1964

Section: 23,5,Sched

(a) Muslim Family Laws Ordinance (VII of 1961)---- ----S.5---West Pakistan Family Courts Act (XXXV of 1964), S.23--­Registration of marriage---Validity of registered marriage---Jurisdiction of Family Court---Validity of marriage registered under Muslim Family Laws Ordinance, 1961, would not be questioned by Family Court nor any evidence in regard thereto would be admissible before the said Court----If marriage was questioned on ground of fraud or misrepresentation, remedy would not be available with the Family Court, but with the Court of general jurisdiction---Legislature had provided that four copies of Nikahnama should be prepared, one was to be kept by Registrar of Nikah, second one to be sent to concerned Municipal Corporation, Municipal Committee or Union Council as the case may be, third copy was to be supplied to bride and fourth one to the bridegroom, to verify that entries in Nikahnama were according to the terms of marriage settled between the parties. (b) Muslim Family Laws Ordinance (VIII of 1961)---­ ----S. 5---Marriage under Muslim Law---Nature and essentials of ---Nikah Registrar---Status---Interpolation in entries of Nikah Register ---Remedy--­ Marriage under Muslim Law, was a civil contract----Essentials of marriage were that any person who was capable of contracting a marriage, was not suffering from any legal disability; was of sound mind and who understood nature of contract and would enjoy freedom to enter into the contract of marriage ---Nikah Registrar under Muslim Family Laws Ordinance, 1961, being a public servant within meaning of S.21, P.P.C. discharged public duty---If any party was of the view that Nikah Registrar had interpolated in the entries of Nikah Register, such. party could approach the Deputy Commissioner who was the Controlling. Authority and could get the same corrected. Mst. Hanifan v. D.C. and others PLD 1967 Kar. 165 ref. (c) Muslim Family Laws Ordinance (VIII of 1961)---- ----Ss. 5 & 10---West Pakistan Family Courts Act (XXXV of 1964), S.5 & Sched.---Transaction of dower---Completion of---Suit for recovery of dower---Transaction of dower would become complete on the day of marriage---Endorsement of dower…

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