Legal Way Of Court Marriage In Lahore Pakistan

Ingredients of court marriage in Lahore Pakistan:

Essential ingredients of an offence under Section 6(5) of the Ordinance are given in detail. Necessary constituents of an offence under S. 6(5) of the Ordinance were: a previous court marriage in Lahore Pakistan and an existing wife/wives ii) absence of a requisite permission from Arbitration Council for additional court marriage in Lahore Pakistan (iii) celebration of court marriage in Lahore Pakistan and court marriage in Pakistan in violation of S. 6 of theOrdinance.1961. The marriage itself is not void but he can be visited with penal consequences contained therein. There can be no dispute that the proposition that a husband is remains that if the person while contracting second court marriage in Lahore Pakistan  and court marriage in Lahore required to obtain permission from the Arbitration Council before contracting a second marriage. The fact, however, marriage does not obtain the requisite permission. The marriage itself is not void but he can be visited with penal consequences contained therein. It was held that failure to obtain permission from the first wife or the Arbitration Council as such does not invalidate the second marriage. Wife was not in a position to bear any child and that he contracted second marriage. Marriage on ground of Khula in Pakistan is valid.

Way Of Khula In Pakistan:

Khula in Pakistan granted on ground that Wife was not in a position to bear any child and that he Contracted marriage. Held, no illegality was committed by Family Court in granting Khula in Pakistan to wife. Dissolution of application for contracting a second marriage 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 3(a) of Rules under Family Laws. Existing wife was married to petitioner at Rawalpindi where he himself also resided. Application for contracting a second marriage could be made under Ordinance, 1961, was not only an offence, but also gave rice to certain civil consequences in favor of existing wife or wives as the case may be. 

Husband during the subsistence of first marriage conducted another marriage without obtaining the permission of Arbitration Council. Husband during the subsistence of first marriage, solemnized another marriage without obtaining the permission of Arbitration Council. Complaint by second wife without taking khula in Pakistan was filed. Leave no appeal was granted to husband to examine whether second wife "had no locus standi' to file a complaint for the alleged offence by the husband of polygamy as she was not an aggrieved person within the meaning of S. 6 because said provision was intended for the protection of the rights of the first wife rather than those of the subsequent wife. 16. Nevertheless, polygamy in Islam.

Provisions of S. 6 of the Muslim Family Laws:

 Provisions of S. 6 of the Muslim Family Laws Ordinance, 1961, are reformative and corrective in nature and for measures for prevention of injustice to the existing wife or wives. Arbitration Council is not empowered to make an unlawful thing declared as lawful by Islam. Nevertheless, polygamy in Islam is no more or no less than that of a permissible act and has never been considered a command and therefore, like any other matter made lawful in principle, may become forbidden if it involves unlawful things or leads to unlawful consequences such as injustice. 17. Contention that second wife had no right to file a complaint for alleged offence of polygamy by husband. Contention that second wife had no right to file a complaint for alleged offence of polygamy by husband as she was not an aggrieved person within meaning of S. 6 of Muslim Family Laws Ordinance, 1961, because said provision was intended for protection of rights of first wife rather than those of subsequent wife. Question, held, was one of first impression and required further consideration. Leave to appeal was granted in Circumstances.

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