Married (Nikkah) Only while PR Applicatoin under Process?
- Thread starter HHJJ
- Start date
Hi
The second issue of note is that the appellant testified that in his community, the Rukhsati ceremony is seen as the key marriage ceremony in that it is this ceremony that leads to the bride joining the groom and is a necessary requirement before the marriage can be consummated. The appellant also disclosed a document from a Pakistani law firm stating that a marriage is considered an incomplete marriage unless a Rukhsati ceremony has taken place. [8]
Based on the evidence of the appellant and her brother and sister-in-law, I have concluded that in keeping with the religious and cultural norms of the appellant and the applicant, a marriage consists of two parts; the first part being the Nikah Nama which is the execution of the marriage contract and its subsequent registration with the requisite civil authorities to make the marriage legally recognized; and the second being the Rukhsati or the giving of the bride to the husband’s family when the groom and his family leave together with the bride.
2. If you go to http://www.canlii.org/en/ca/irb/index.html and search the following text "Rukhsati sponsorship Pakistan dismissed" you will see what problems you will have to overcome.
1. If you have only had the Nikkah and no Rukhsati ceremony was performed, then there is a good chance that the application will be refused. Here are some quotes from the IAD on marriages where only the Nikkah was performed and the appeal dismissed.HHJJ said:
The second issue of note is that the appellant testified that in his community, the Rukhsati ceremony is seen as the key marriage ceremony in that it is this ceremony that leads to the bride joining the groom and is a necessary requirement before the marriage can be consummated. The appellant also disclosed a document from a Pakistani law firm stating that a marriage is considered an incomplete marriage unless a Rukhsati ceremony has taken place. [8]
Based on the evidence of the appellant and her brother and sister-in-law, I have concluded that in keeping with the religious and cultural norms of the appellant and the applicant, a marriage consists of two parts; the first part being the Nikah Nama which is the execution of the marriage contract and its subsequent registration with the requisite civil authorities to make the marriage legally recognized; and the second being the Rukhsati or the giving of the bride to the husband’s family when the groom and his family leave together with the bride.
2. If you go to http://www.canlii.org/en/ca/irb/index.html and search the following text "Rukhsati sponsorship Pakistan dismissed" you will see what problems you will have to overcome.
Thank you but most of the cases in the link are belong to Canadian Citizen/PR who sponsor spouse at Pakistan. My case is different as I am myself on Temporary WP and ongoing PR application....
All I was asking that if someone is going through this type of case or had this case then please do let me know.
All I was asking that if someone is going through this type of case or had this case then please do let me know.