Rules of common law marriage do not apply everywhere around the world. When a common law marriage is contracted between Muslim spouses than it arises technicalities. Such a marriage is not considered valid in Islamic Law to a great extent. This fact is discussed in the judgment of lahore high court in detail. Kindly read this judgment to understand the concept.
Citation Name : 2011
PLD 423 LAHORE-HIGH-COURT-LAHORE
Side Appellant :
ROSHNI DESAI
Side Opponent :
JAHANZEB NIAZI
Custody
of minor---Common Law marriage by parents of the minor---Question of minor's
custody has to be addressed by reference to his status under the applicable
Pakistan law, more appropriately the Islamic law, which does not recognize a
Common Law marriage or partnership as a valid marriage with the result that a
child born to parents, having a Common
Law marriage, is born outside marriage and cannot be regarded as a legitimate
child ---Under Islamic Law, father of an illegitimate child has no legal tie with the child even though he is the biological father and
the blood tie between the two is undisputed---Mother of an illegitimate
child is not only entitled to the
custody of the child but is also
regarded as the guardian of the child to
the total exclusion of the father---Non-Muslin mother suffers no disability as
Islamic Law allows a non-Muslim mother to exercise the same rights of custody
as are enjoyed by a Muslim mother---Principles.
