The Legal Path Of Court Marriage In Pakistan


Polygamy and court marriage in Pakistan

 Polygamy: No man, during the subsistence of an existing court marriage in Pakistan shall except with the previous permission in writing of the Arbitration Council, contract another court marriage in Pakistan, and court marriage in lahore Pakistan nor shall any such marriage contracted without prior permission be registered under this Ordinance.

Application For Court Marriage In Lahore Pakistan:

(2) An application for permission under sub-section (1) shall be submitted to the Chairman in the prescribed manner together with the prescribed fee and state reasons for the proposed court marriage in Pakistan and whether the consent of existing or wives has been obtained thereto
Venue for trial. Existing wife was married to petitioner at Rawalpindi where he himself also resided. Application for contracting a second court marriage in Pakistan could be made by him to the Union Council/Union Committee comprising the area where the existing wife was residing in Rawalpindi as provided by Rule

Under rule 3A of Family Laws:

Under rule 3A of Family Laws the petitioner was alleged not to have obtained permission from the Arbitration Council of the said area before contracting second court marriage in Pakistan and court marriage in Lahore at Murree. Although the final act of contracting second marriage took at Murree, yet the two essential ingredients for constituting an offence under S. 6(5) of the Ordinance i.e., the residence of existing wife and the location of Arbitration Council fell within the area of Rawalpindi. Court of a Magistrate at Rawalpindi as well as that at Murree, therefore, had jurisdiction to try the complaint filed by the respondent (existing wife) and order passed by the Trial Court at Rawalpindi summoning the petitioner to face the trial before it was not open to any serious exception. Constitutional petition was consequently dismissed.


Nikah Khawan In Lahore Pakistan:

Quashing of proceedings of court marriage in Pakistan and court marriage in Lahore Pakistan depends on circumstances. Accused ladies were alleged to have managed second court marriage in Pakistan of their brother by Nikah khawan in Lahore Pakistan without observing the legal formalities as laid down in S. 6 of Muslim Family Laws Ordinance, 1961 and without obtaining the certificate from the concerned Arbitration Council. No evidence on record indicated that the accused has obtained certificate to enter into second marriage, nor they were the witnesses to said marriage. Even otherwise the provisions of S. 109, PPC were not applicable to offences under the Muslim Family Laws Ordinance, 1961 which was a special law. Continuance of proceedings against the accused ladies in the Court of Magistrate therefore, would have been an abuse of the process of the Court and the same quashed accordingly.

Nikah khawan in Lahore Pakistan appointed to perform marriage should not simply fill in columns of Nikahnamas in routine. They have duty to make proper inquiries as to competency of parties to understand nature of their acts, their ages and whether they were acting of their free will and without any compulsion. Petitioner contracted second court marriage in Pakistan during subsistence of his first marriage. Existing wife filed application before Civil Judge-cum-Chairman of the Union Council for taking cognizance of offence of bigamy. Civil Judge returned complaint holding that he was 'not competent. Deputy Commissioner on revision, held, that case can be tried by Chairman Arbitration Council. Order of Deputy Commissioner impugned. It was held that Arbitration Council was only for the purposes of deciding application for permission to contract a second marriage and thereafter its functions stopped. Complaint in respect of bigamy was to be made by the Union Council to Magistrate concerned only. Family Judge or Chairman had no jurisdiction having different entities in such cases which could be proceeded only by a Magistrate. Existing wife was directed to present her complaint to the Union Council concerned.

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