Nikahnama Alone Cannot Establish Valid Marriage in Forced Marriage Disputes: LHC

The Lahore High Court has ruled that a registered nikahnama or a woman’s earlier harassment petition cannot, by themselves, conclusively prove a valid marriage when allegations of abduction, coercion, or forced marriage are involved.

Justice Anwaar Hussain of the Bahawalpur Bench held that trial courts must go beyond documents and determine whether the woman gave her consent freely and voluntarily.

The court directed judges to examine how the alleged relationship began, whether the parties genuinely knew each other, and whether the circumstances supported a claim of consensual marriage.

The ruling came while dismissing a constitutional petition filed by a man who claimed he had entered into a love marriage. The woman had filed a suit for jactitation of marriage, alleging she was abducted and forced into marriage.

The appellate court had earlier declared the marriage invalid, a decision the LHC upheld.

The court observed that when the parties are strangers from different localities and have no prior connection, judges must inquire into the origin of the alleged relationship before accepting a plea of consensual marriage.

It noted that the absence of any explanation about how the relationship developed significantly weakens such claims.

The LHC clarified that while a nikahnama carries weight, courts cannot rely on it in isolation when the very validity of the marriage is challenged on the grounds of lack of free consent.

The court also held that a suit for takzeeb-e-nikah should not ordinarily be converted into dissolution proceedings when a woman claims she never gave valid consent.