Meals for Walima to be allowed within house Only: SC
By Shiraz Aslam - Pakistan Times Staff Correspondent

ISLAMABAD,: The Supreme Court of Pakistan said that family members celebrating the marriage or the house guests would be allowed serve meals within the house only under Section 4 (2) of the marriage (Prohibition of Ostentatious Displays and Wasteful Expenses) Ordinance No-II of 2000 issued by the Federal Government.

This was stated in a judgment announced here on Friday by a three-member bench of the apex court by dismissing constitutional petitions filed by Ch Muhammad Siddique and two others in which they challenged various  sections of the Act passed by the Provincial Assembly of Punjab in this regard.

The bench comprising Chief Justice of Pakistan, Justice Nazim Hussain Siddiqui, Justice Javed Iqbal and Justice Tassadduq Hussain Jillani reserved judgment in Walima on marriages case as counsels of the Federation and Provinces Deputy Attorney General of Pakistan and Advocate Generals respectively completed their arguments on September-24.

Chief Justice of Pakistan, Justice Nazim Hussain Siddiqui as author of the judgement also raised many other points in the judgment related to marriage ceremony.

The Verdict

The Supreme Court struck down Act. No.V of 2003 passed by the Punjab Assembly.

However, the apex court made it clear that "The Ordinance No.II of 2000 issued by the Federal Government holds field and is applicable throughout Pakistan and the guests be served in terms sections 4 and 5.

Under section No.4 (1), "No person celebrating his or marriage or any other person shall serve or allow any one to serve meals or other edibles to persons participating in the marriage in a club, hotel, restaurant, wedding hall, community centre or any other place except hot and cold soft drinks. (2) "Nothing contained in sub-section (1) shall apply to the eating of meals within the house by the members of the family celebrating the marriage or the house guests."

Section No.5 says, "No person owning or running a hotel, restaurant, wedding hall, community centre or club being the site of marriage ceremony or any caterer shall serve or allow anyone to serve any meals or edibles to the persons participating in the marriage ceremony other than hot and cold soft drinks."

This Ordinance also prohibited a person regarding decoration of any house or building including any space, illumination of street, road or other place, use or cracker or other explosive device including firing by fire arm or display or allow any one to display fireworks.

Regarding some customs being observed on marriages, the judgment said, "The exploitative customs observed on the eve of marriage ceremonies in our country and the social evils emanating therefrom have not only added to the miseries of the poor but have put at stake their very existence too. It is customary in our society that ostentatious display of "Jehaiz" (Dowry) and other dowry articles takes place in front of all the guests with a view to making it known to them as to what is being given to the bride by her parents and the parents of the bridegroom.

Evils of Extravagance

The lower middle and poor classes of society are being crushed under the evils of extravagance and ostentatious displays of wealth. It is unacceptable as
it is against all norms and values known to a civil society. It must stop.

Mayun, Mehdi/Rasm-e-hina, Baraat

The functions celebrated on the eve of marriage such as "Mayun, Mehdi/Rasm-e-hina, Baraat, etc. and even the custom of giving large dowries all are of Hindu origin and have nothing to do with Islamic concept of marriage.

The Constitution of Pakistan contains sufficient provisions whereby the State is obliged to take steps to eradicate social evils."

According to Article 143 of the Constitution, the Ac. No.V of 2003 enacted by the Punjab Provincial Assembly is inconsistent with the Ordinance No-II of
2000 promulgated by the Federal Government, as such is void.

The Ordinance No.II of 2000 holds the field as it was neither withdrawn nor amended nor struck down by the apex court, as such the Punjab Provincial Assembly enacted the Act. No.V of 2003 in violation of the spirit of the Constitution. Because Federal law has supremacy under Article 143 of the Constitution, as such law enacted by the Provincial Assembly, viz., the Act.No.V of 2003 being ultra vires is struck down, the judgment said.●