Zainab's Struggle: How Lack Of Marriage Registration Impacted Her Rights

(MENAFN- Tribal News Network) The story of Zainab, a resident of Ram Das, Peshawar, sheds light on a bitter reality that cannot be ignored. It reveals not only the legal complexities faced by individuals but also exposes the shortcomings of our legal and social systems. The primary challenge in Zainab's life stemmed from the lack of formal registration of her marriage, which significantly impacted her and her children's rights.

Zainab's life took a dramatic turn with the sudden death of her husband, a government employee. However, her husband neither registered their marriage nor updated her marital status on her identity card. This oversight barred her from receiving government benefits like pension and job quotas for the deceased's son, leaving her in a vulnerable state.

The Importance of Marriage Registration

Ayub Khan, a lawyer at the Peshawar High Court, explained that Khyber Pakhtunkhwa has a marriage form issued on October 10, 2023, for official documentation. Even in cases of verbal marriage ceremonies, the couple must visit a NADRA office to submit an affidavit affirming the union. NADRA then issues a marriage certificate as per its protocols.

If no written contract exists, a wife can present witnesses in court to validate the marriage. If proven, she is entitled to claim her Haq Mehr, whether in cash, gold, or property. Ayub Khan emphasized that marriage under Islamic law is a sacred bond, designed to establish a strong relationship between a man and a woman, laying the foundation for family and social stability.

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In Pakistan, the legal registration of marriage is crucial to provide it with official recognition. NADRA's system ensures the protection of spousal rights, and the absence of registration can lead to severe complications. Zainab's plight is a stark example of how the absence of documentation can make it difficult to assert one's legal rights.

Verbal Marriages and Their Consequences

Zainab's case underscores the risks of verbal marriages, which lack written records of agreements and conditions between the spouses. In such cases, the death of a spouse or other legal disputes can make it challenging for the surviving partner to claim their rights.

Following her husband's demise, Zainab faced difficulties proving her marriage due to the absence of official documentation. This deprived her of essential rights such as inheritance and government benefits.

NADRA's Role and Legal Process

Ikram, a system engineer at NADRA, stated that marital status changes require specific documentation. If an unmarried government employee gets married, they must provide a marriage certificate issued by their union council. In the absence of such proof, an affidavit signed by two witnesses and verified by the court must be submitted.

These documents must then be presented to the union council secretary to obtain a marriage certificate. In case of a spouse's death, the hospital-issued death certificate must be submitted to the village secretary.

Zainab's experience serves as a cautionary tale, highlighting the importance of formal marriage registration to safeguard spousal and familial rights under the law. It calls for increased awareness and systematic reforms to prevent such issues in the future.

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