It is a settled law by now that an adult sui juris Muslim girl can marry a person of her choice without the consent of her Wali.

 2022 CLC 134

Duty of State to protect Marriage.

It is a settled law by now that an adult sui juris Muslim girl can marry a person of her choice without the consent of her Wali.

Under Islamic law both male and female have the right to contract marriage with their own free will and their matrimonial life is protected under Article 35 of the Constitution. It is common practice of our society that whenever a marriage is contracted without the approval of families, close relatives make every possible effort to break that wedlock. It is pertinent to mention that any of such attempts are violative of Article 9 & 35 of the Constitution. Under Articles 9 & 35 of the Constitution, it is bounden duty of State to protect the marriage, life and liberty of legally wedded couple. It was held by the Federal Shariat Court in Riaz Begum Alias Razia’s Case that Article 35 of the Constitution of the Islamic Republic of Pakistan, 1973, safeguards, guarantees and protects the right of marriage as it is settled principle of law that Muslim adult female being sui juris can exercise her right to marry without the consent of Wali. Such a sacred relationship founded by way of religious contract, entered into by two individuals to establish a home and start a family life, which is fundamental and primary foundation of society, should not be interfered with. It is therefore incumbent upon all state functionaries to act strictly in accordance with law and not to transgress their lawful domain to disturb or disrupt the family life of a person without legal justification.

However, in order to prevent the abuse of such directions, the Court should be extra cautious and watchful while issuing such directions and should ensure the presence of wedded couple before the Court, especially the female petitioner in order to rule out that any such petition has been filed for some ulterior motive other than what is prayed for. It should also be ensured that a valid marriage exists and petition has been filed voluntarily without any pressure or undue influence on the female petitioner. In the present case petitioner and her husband, present before the Court, are legally wedded wife and husband as their Nikahnama has been placed on the record and they own it. The Court has ensured the identity of petitioner and her voluntariness to file this petition.