Procedure Of Court Marriage In Pakistan ( 2020/ 2019)
Court Marriage In Lahore Pakistan:
Case of multiple court marriage
in Lahore Pakistan by husband was in issue. Wife could not be compelled to live
with the other wives of the defendant after court marriage in Lahore Pakistan
and she could refuse to live with the parents of the husband. Wife had granted
permission to the husband to contract a second court
marriage in Lahore Pakistan on the condition that husband will continue
to pay Rs.500/- per month as maintenance and also transfer one residential room
and one shop part of the house, belonging to husband Parties entered into an
agreement and his father incorporating the said conditions. Husband, on the
basis of permission from the wife obtained a permission certificate from the
Arbitration Council entitling him to have a second wife and thereafter he
entered into second marriage. Husband did not fulfill the promise and instead
the first wife was divorced in Pakistan. Father of the husband, in divorce
procedure in Pakistan, affirmed that he had transferred the residential room in
favor of the first wife of his son and volunteered that whenever she wanted he
will execute the sale-deed.
Such promise was also not fulfilled:
Wife filed suit for specific
performance of their agreement which was tried and dismissed up to Appellate
Court on the ground that the agreement between husband and wife was not
enforceable as there was no consideration and further the same was violation of
S. 27, Contract Act, 1872. High Court, in revision took the view that grant of
permission to marry was a valid consideration for the agreement to transfer the
specified property. Agreement was not without consideration in the facts and
circumstances of the case. Provision of S. 27, Contract Act, 1872 which
otherwise was not attracted to the facts and circumstances of the case, gave
way to the provision of S. 3, Muslim Family Laws Ordinance, 1961 which provides
that the Ordinance shall have overriding section, notwithstanding the provision
of any law to the Contrary.
Muslim Law Family Ordinance:
Provision of S. 6, Muslim Family Laws
Ordinance, which placed a restraint on the right of the husband to enter into
an additional marriage during the subsistence of the earlier marriage, except
with the permission of the existing wife or in case of her refusal, with the
permission of Arbitration Council, S. 6 of the Ordinance, therefore, could not
be said to be in conflict with the provision of S. 27, Contract Act, 1872.
Mandate of S. 3 of Muslim Family Laws Ordinance, 1961 had to prevail in any
case. High Court, in circumstances, had rightly interfered in the exercise of
revision jurisdiction conferred by S. 115, C.P.C., as the Trial Court and the
Appellate Court had dismissed the suit on the wrong understanding of law that
the agreement was without consideration or was violation of S. 27 of the
Contract Act, 1872. 5. Polygamy-Quashing of proceedings. Quashing of proceedings,
application was not upheld. Respondent/complainant wife in her complaint had
alleged that applicant/husband had contracted second marriage without her prior
permission and consent and no divorce
procedure in Pakistan was conducted.
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