IHC makes Arbitration Council’s permission obligatory for second marriage
ISLAMABAD: The Islamabad High Court (IHC) on Monday announced that approval from the Arbitration Council was mandatory for a second marriage, in spite of the permission from first wife.
The detailed verdict issued by Justice Athar Minallah stated that permission of the Arbitrary Council was obligatory for the husband in addition to consent of the first wife.
As per the 1961 Muslim Family Laws Ordinance, “The person who performs a marriage without permission will be punished and fined. The individual will also be penalized for second marriage if the Arbitration Council does not permit it in spite of the approval by the first wife.”
The high court also quashed the decision of a lower court through which a person, Liaqat Ali Mir, was vindicated in the same case. Mir married Dilshad Bibi in 2011 and tied the knot for a second time in 2013 without permission of his wife and the Arbitration Council. An Islamabad magistrate had sentenced him to jail for one month and fined him Rs5,000. Later, he was released by an additional session judge on the basis that he hailed from Azad Kashmir.