Affidavit Free Consent

Why Free Consent in Court Marriage is necessary?

There are a lot of terminologies in Court marriage that a layman would not understand. One of them is free consent. You must have heard about free consent in court marriage and if you do not know what it is and why it is necessary then do read this article till the end.

What is free consent in court marriage?

Many people believe that the girl must marry with the permission of her Wali (Father, brother or any other guardian). Therefore, in all marriages, Wali must be present beside the bride at the time of Nikah or he must give his consent for Nikah. But the Supreme Court of Pakistan has busted this concept and has given free consent rights to the girl. By the right of free will consent, the court has allowed the girl to marry anyone of her own free will. In other words, the girl doesn’t need the consent of her Wali and can marry without her Wali’s permission.

Importance of free will Consent in Court Marriage

 The foundation of all Muslim court marriages is based on free will and consent. It is a very important right as almost all court marriages happen without the consent of families, especially the parents.

Every adult Muslim has a right to marry a partner of his or her own choice. No one should have a right to intervene in such an important decision of one’s life. Not even parents can force their kids to marry somewhere they do not like or want. In cases where the guardian or father is forcing the daughter to marry someone she doesn’t want, the law of free will consent is a lifesaver. This law gives her the right to marry the groom that she likes and she doesn’t even need the permission of her father. So if you have to get married through court, you can record your statements in court mentioning that you have married out of your free consent and the court will do the rest.



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