Restraint of Marriage in Pakistan
Restraint of Marriage in Pakistan:
Restraint of marriage in Pakistan refers to the incapacity of a person to marry for various reasons. Generally the law of Pakistan allows every oneto marry of his own choice and will. There are certain conditions or provisions in the law that restrain a person from doing marriage or court marriage in Pakistan. Marriage is the right of every citizen of Pakistan, but the law is not the same every time. The government of Pakistan can restrict a person from marrying the other for various reasons. A person cannot restrict this right of marriage, but the government can. Below are some of the conditions when a person can be restrained from marriage.
RESTRAINT BY LAW:
The restraint of marriage in Pakistan can be imposed by the law. For example, the Child Marriage Restraint Act restrains a minor from getting married. Though this law does not invalidate the marriage, the law exists against the guardians, etc., who are involved in the minor’s marriage or online marriage in Pakistan.
RESTRAINT BY RELIGION:
Marriage in Pakistan can also be restrained through religion. For example, a Muslim male cannot marry a Hindu female, or a Muslim female cannot marry a non-Muslim male. Both the law and the religion of Islam are the same. Due to this law, the couples cannot have their nikahnama registration in Pakistan.
BY MINORITY:
The law of Pakistan says that in order to marry someone, they should be a major. This law is different in different provinces in Pakistan. The age limit set for marriage in KPK, Balochistan, and Sindh is 18 years, whereas in Punjab the age of marriage is the age of puberty. Even if a person at the age of 16 years marries in Punjab, he will not be issued a Nadra marriage certificate.
BY AGREEMENT:
In most of the countries, you can enter into an agreement with a person that he or she cannot marry; however, this is not the law in Pakistan. There can be no restraint of marriage in Pakistan through agreement.
BY DOCUMENTATION:
The marriage can be restrained by documentation also. In order to register a marriage in Pakistan, you need to provide complete documents. If the document is missing or if you have not obtained it, then you cannot marry someone. For example, if a divorced person wants to marry someone, then he has to obtain his divorce certificate from Pakistan. This certificate is the only proof that the person is divorced. If he is not attaching this document, then it means that he has no proof of his divorce, which means that his marriage will not be registered. This law is not only in Pakistan but all over the world. For example in most countries there is the law that if a Pakistani male wants to get married in that country they will require him to obtain the unmarried certificate from Pakistan.
COMPLETE RESTRAINT:
The complete restraint of marriage in Pakistan means that under no condition can the marriage be registered. For example, a Muslim female cannot marry a non-Muslim male, and there is complete restraint on her marriage with a non-Muslim.
PARTIAL RESTRAINT:
The partial restraint means that the restraint is conditional, and upon fulfilling the condition, the person can register the marriage in Pakistan. For example, a divorced couple cannot marry someone until they attach the divorce certificate. If she manages to obtain the certificate and attaches it to her marriage, then the partial restraint comes to an end.
