Court awards jail term to man on second marriage without permission

LAHORE: A local court handed jail term and fine to a man over contracting second marriage without permission from his first wife, ARY News reported on Monday.

The court of Judicial Magistrate Amanullah Bhatti heard a petition filed by Ms. Shamim, against second marriage of her husband Rashid.

Petitioner pleaded to the court that her spouse Rashid contracted second marriage without her knowledge and permission, while according to the law a husband must get permission from first wife before the second marriage.

“He not only betrayed me, but also violated the law of the land,” the petitioner said seeking legal action against her husband.

The court after hearing arguments of the lawyers, awarded 11-month jail sentence and 2.5 Lac rupees fine to the man. The court declared that in case of non-payment of the fine, he would have to undergo further four months in jail.

It is pertinent to mention here that recently the Islamabad High Court (IHC) in a landmark verdict ruled that a person intending to contract second marriage will have to seek mandatory approval of the Arbitration Council for the purpose.

An IHC bench gave this ruling on a petition filed by a woman who challenged a sessions court’s verdict that had exonerated her husband from the charge of solemnizing second marriage without her permission.

The bench held that the Arbitration Council’s permission is mandatory even if existing wife or wives permit a man to contract another marriage.

“Contracting second marriage without the council’s consent will be a punishable act,” it ruled.

A sessions court had acquitted the petitioner’s husband, named Liaqat Ali in a case pertaining to contracting second marriage without permission of first wife, which is mandatory under section 6 of the Muslim Family Law Ordinance 1961.