Islamabad High Court (IHC) on Monday (June 24) gave an important ruling, stating that any individual intending to do second marriage will have to seek the consent of his first wife as well that of Arbitration Council.
IHC Chief Justice, in his verdict on a petition filed by a woman, announced that a man will be subjected to punishment if he is still found in a second-marriage bond after not receiving approval of the council despite getting first wife’s consent.
“A man who intends to contract another marriage during the subsistence of an existing marriage has to observe the procedure and fulfill the conditions prescribed by the legislature otherwise the consequences of imprisonment or fine or both could ensue,” the court ruled.
It is to be noted that a sessions court had acquitted the petitioner’s husband, named Liaqat Ali in a case related to contracting a second marriage without the permission of existing wife, which is mandatory under section 6 of the Muslim Family Law Ordinance 1961. However, the IHC bench, ruling in favour of the woman petitioner, said all laws of the land apply to a person having computerized national identity card (CNIC).
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17 November, 2019