This be considered as admitted case.
2. Precise grounds in this writ petition are that petitioner has approached the Nazim Union Council Bhalwal, Sarai Alamgir, District Gujrat to cancel the registration of Nikah Nama to enable him to approach Nazim Ward No. 22, Union Council No. 117, Tehsil Sarai Alamgir, District Gujrat but respondent No.1 has refused to do so by saying that under the Rules and Regulation of registration of marriage a marriage once registered cannot be cancelled. However, he directed that the date of registration of marriage or date of Nikah instead 16-8-2001, it is corrected as is 6-8-2001.
3. Learned A.A.-G. Submits that marriage is not disputed. The only question, that marriage once solemnized in the presence of the witnesses and the parties of the marriage and duly registered under section 9 of Muslim Family Laws Rules, 1961 cannot be cancelled.
4. I have heard the learned counsel for the petitioner as well as the learned A.A.G. The marriage between the spouses is admitted, as far as the certificate of marriage is concerned legal sanctity is attached to it under rule 7 of the Muslim Family Rules, 1961 a licence to solemnize a marriage is granted to the Union Council to any person to the Union Council to act as Nikah Registrar under Rule 5 of the Muslim Family Laws. Rules, 1961 under rule 7 (3) ' A licence granted under this rule shall be permanent and shall be revocable only for the contravention of any of the conditions of a licence granted under this rule under rule 11(1) where a marriage is solemnized in Pakistan by a person other than the Nikah Registrar such person shall fill in Form II payment of such price as shay be determined by the Provincial Government, the persons whose signatures are required in- the Form shall then sign, and the person solemnizing the marriage shall then affix his signatures to the Form and ensure delivery as expeditiously as possible, of the same together with the registration fee to the Nikah Registrar of the Ward where, the marriage is solemnized. Under rule 12 of the Muslim Family Rules, 1961 the explanation is given to the Nikah Registrar of the Ward of which the bride is a permanent resident, and in case the bride is not a citizen of Pakistan, the Nikah Registrar of the Ward of which the bridegroom is such resident.
6. In the present case the marriage is solemnized at Mohallah Noor Alam Naiabadi, Sarai Alamgir, Mandi Bhalwal, Tehsil and --District Gujrat. The bridegroom address is given as Mohallah Noor Alam Naiabadi, Sarai Alamgir, District Gujrat the bride address is given as resident of village of Majuhan, Tehsil Sarai Alamgir, District Gujrat. The marriage in fact is solemnized at Sarai Alamgir, District Gujrat, and it is not disputed by any of the spouses. The marriage undoubtedly has been solemnized in Pakistan and both these spouses did reside at Sarai Alamgir District Gujrat, so it is validly registered marriage.
7. No provision exists under the Muslim Family Laws and Rules to cancel the registration of marriage and it is rightly observed by the Nazim respondent No.1 that he has no jurisdiction to cancel the same as it is valid marriage and legal sanctity is attached to the marriage certificate which is not under challenge by any party and is admitted and accepted by both the marital spouses.
Therefore, there is no need to correct the same as the marriage is rightly registered with the Union Council, Sarai Alamgir, District Gujrat as provided by Rules and Regulations of Family Laws Ordinance. Instant writ petition stands disposed of in terms of above order.
S.A.K./M-1703/L