Court marriage in Lahore Pakistan and high court:
From Lahore Advocate Nazia says that High Court in the circumstances of court marriage in Lahore Pakistan ordered that custody of the girl be given to her parents as it would not be just, proper or fair in her interest or welfare morally or otherwise to let her remain with her so-called husband after court marriage in Lahore Pakistan with the observation that parties feeling aggrieved could have the recourse to the Family Court or any other court of competent jurisdiction for the redress of their grievances (PLD 1995 Lah. 364). Adult female detenues would be set at liberty when she makes her statement that she had done court marriage in Lahore Pakistan with the petitioner of her free will and wanted to go with him (NLR 1995 Cr. LJ 1266). Where it was alleged that the detenue was abducted and kept in detention by the respondent who produced Nikahnama to prove his marriage with her was challenged. It was held that the girl has admitted her signature on the Nikahnama but has stated that her signature was taken by playing fraud on her. Whatever may be her status, since she is a major and desires to live wither mother, the Court has no option but to set her free. It is for her to choose the place where she would like to live.1970 (P.Cr. LJ 489). Where the alleged detenu stated in unequivocal terms that no one had abducted her and that she had voluntarily done court marriage in Lahore Pakistan the respondent and was staying with him as his wife of her own free will.
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She admitted that she had signed the marriage certificate after court marriage in Lahore Pakistan. She placed on the record a certificate of her age, which showed that she was between 18 and 19 years of age. The Court refused to issue a writ of habeas corpus on the application of mother of the girl let her go with her husband (1971 P.Cr. LJ 523). Where the husband of a married woman applied to High Court for her release from illegal detention of her brother and on being produced in Court she expressed her wish to go with her husband, the Court ordered that she is free to go wherever she likes. Till such time she can accompany one or the other party, the police guard will assist her to ensure her safety (1971 P.Cr. LJ 38). Where the alleged detenue has attained the age of puberty and she had done court marriage in Lahore Pakistan with respondent No. 1 of the own free will.
Get Know About For Child Marriage Restraint Act:
Such a marriage is valid under the Child Marriage Restraint Act and, therefore it should not have been recognized by the High Court. It was held that the High Court was perfectly justified in allowing the detenue to go wither husband (1870 PCr. LJ 10351). Where a girl above the age of 15 had a married a man of her own free will and she was given in the custody of her mother by the police. Her husband thereupon moved the High Court for a writ of habeas corpus. Held, according to the Muslims Personal Law, a girl professing Islam who has attained the age of 15 years shall be presumed to have attained puberty as the girl had attained more than 15 years of age before her marriage, the mother had no more right of custody of the person of the girl. The mother, on account of her having married a stranger, lost her right of custody of the person of the girl under Muslim Personal Law. Therefore the High Court acted correctly in handing over the custody of the girl to her husband (PLD 1970 S.C. 323).
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