What is your opinion on the legal position of a forced marriage?

Under Section 498B of the Pakistan Penal Code 1860, there is a prohibition of forced marriages which imposes a punishment with imprisonment for minimum three years and a fine to anyone who coerces or compels a woman to enter into a forced marriage. However, the marriage itself remains valid under the law.

If a girl is forcefully married, what legal action can be taken to nullify the marriage?

In such situations, a case can be registered against the person who forces the girl into marriage under section 498B of the Pakistan Penal Code 1860. Any person or persons who have aided and abetted such a marriage, for example other family members, the nikah registrar, if he was aware that the marriage was against the woman’s will, and even the jirga, panchayat or any other illegal parallel system of the kind, can be charged as abettors under the law.

In order to nullify the marriage, the woman will have to go through divorce proceedings. If the right of talaq has been delegated to her in the nikahnama, she can pronounce divorce upon herself. If she does not have this right, she will have to file an application for khula and follow the court procedures for the dissolution of marriage through khula.

In the presence of forged nikahnama or one having being signed or bearing thumb print under coercion, how can a girl prove that she has been forced into marriage?

The inclusion of section 498B of the Pakistan Penal Code 1860 was the result of Criminal Law (Third) Amendment Act 2011, known as the anti-customary practices act. This would mean that if a case of forced marriage is registered against a person, the procedures of the criminal code would follow.

There are several ways to prove a girl has been forced into a marriage. It is important to realise, however, when talking about proof, that each situation is different, therefore the criteria of evidence or proof, is subjective. However, most often, the evidence of the woman and witnesses would play a key role.

In how many cases are the girls successful in getting the marriage nullified or getting a divorce?

If a woman applies for khula, it is almost certainly granted by the court, though there are a few cases of khula which have been denied.

Who provides legal help to the women who do not have the resources to go to court or hire a lawyer?

There are a number of NGOs and organisations which provide free legal aid to women, for instance PAWLA and Madadgar; while NGOs such as Aurat Foundation provide facilitation for women in distress.