Islamabad High Court Declares Arbitration Council`s Permission Necessary For Second Marriage
Islamabad: The Islamabad High Court in its latest ruling on Sunday has declared permission for arbitration council necessary for second marriage. The ruling overrides Husband`s permission from his first wife.
IHC`s Chief Justice Athar Minallah issued a 12 page written order which makes the arbitration council`s permission necessary. The court further ruled,
“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.”
It is pertained to mention here that according to Muslim Family Laws Ordinance, 1961: “During the subsistence of an existing marriage, no man shall contract another marriage except with the previous permission in writing of the arbitration council.”
The court made it clear that despite the first wife’s agreement if the arbitration council disagrees with the husband’s decision then the person will be liable to punishment.
The case in question pertains to an Azad Kashmir citizen, Liaquat Ali who had remarried in 2013 after his prior marriage in 2011. Ali had married without the permission of arbitration council and his first wife Dilshad bhabhi. Ali was sentenced by the Islamabad magistrate upon his remarriage without relevant approval.