A Pakistani court on Monday ruled that the permission from the arbitration council was mandatory for Muslim men for second marriage, even if the husband has prior permission from the first wife.
Islamabad High Court Chief Justice Athar Minallah issued a 12-page written ruling on Monday, according to which it is mandatory to take arbitration council's permission prior to second marriage, Geo TV reported.
"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.
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 was hearing a case pertaining to one Liaquat Ali Mir who had done love marriage in 2011 and then remarried in 2013 without the permission of the arbitration council and his first wife.
The court said that under the Muslim Family Law Ordinance 1961, the person doing second marriage without permission is liable to punishment and fine.
"A husband who contracts another marriage during the subsistence of an earlier one in contravention of the provisions of the Ordinance of 1961 definitely exposes himself of the risk of being imprisoned or fined or to both," ruled the court, making it mandatory to obtain permission from the Arbitration Council for an already married man before contracting a subsequent marriage.
The court made it clear that despite the first wife's agreement if the arbitration council disagrees with the decision then the person will be liable to punishment.
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