IHC makes consent of Arbitration Council mandatory for second marriage
IHC makes consent of Arbitration Council mandatory for second marriage.
ISLAMABAD (Dunya News) – The Islamabad High Court (IHC) has on Monday made the consent of the Arbitration Council mandatory for second marriage.
IHC Justice Athar Minallah issued the detailed verdict in which it has been stated that the approval from the Arbitrary Council is obligatory for husband despite getting a go-ahead from first wife.
According to the Muslim Family Laws Ordinance, the person who performs marriage without permission will be punished and fined. Furthermore, the individual will also be penalized for second marriage if the Arbitration Council does not permit it in spite of the approval by first wife.
The IHC also nullified the decision of an additional session judge who released a person namely Liaqat Ali Mir in the same case. The aforementioned person married Dilshad Bibi in 2011.
Liaqat Ali performed second marriage in 2013 without the consent of his first wife as well as the Arbitration Council. Liaqat Mir was handed over one-month jail sentence by an Islamabad magistrate for his offense and was fined Rs5,000.
An additional session judge released Liaqat Ali afterwards on the grounds that he was a native of Azad Kashmir.
The Islamabad High Court – after annulling the decision – said in its remarks that all laws are applicable on the person who possesses the national identity card. The IHC further directed the additional session judge to hear the case on merit.
The second marriage is registered in Islamabad and the court holds authority to conduct its hearing, the IHC declared.
