Law: Muslim Family Laws Ordinance, 1961

Section: S.1(2),6(2)(3)(4)(5),R.21

(a) Muslim Family Laws Ordinance (VIII of 1961)-- ----S.6(5)---Rules under Muslim Family Laws Ordinance, 1961, R.21---Applicability of the Act---Scope and extent---Second marriage of husband without permission from first wife---Procedure---Pre-conditions---Violation of---Consequences. A plain reading of the Muslims Family Laws Ordinance, 1961 read with the Rules thereunder shows that it extends to the whole of Pakistan and applies to all Muslim citizens of Pakistan. A man who intends to contract another marriage during the subsistence of an existing marriage has to observe the procedure and fulfill the conditions prescribed by the legislature otherwise the consequences of imprisonment or fine or both could ensue. The factors required to be taken into consideration by the Arbitration Council in granting permission for contracting a subsequent marriage have been prescribed in sub-sections (2), (3) and (4) of Section 6 of the Ordinance. The consequence for contracting another marriage in contravention are prescribed under subsection (5) of Section 6. The Arbitration Council cannot act mechanically while granting permission, because the statute has declared that before doing so it had to be satisfied that such permission would be just and necessary. A husband who contracts another marriage during the subsistence of an earlier one in contravention of the provisions of the Ordinance definitely exposes himself of the risk of being imprisoned or fined or to both. (b) Muslim Family Laws Ordinance (VIII of 1961)--- ----S.6(5)---Rules under Muslim Family Laws Ordinance, 1961, R.21---Second marriage without permission from first wife--- Leave to Appeal against acquittal---Resident of Azad Kashmir, status of---Jurisdiction of court---Private complaint was filed against accused (husband) by his first wife on allegations of contracting second marriage without her permission---Trial Court convicted accused but Lower Appellate Court set aside conviction on grounds that provisions of Muslim Family Laws Ordinance, 1961 were not applicable to accused as he was resident of Azad Jammu and Kashmir---Validity---Accused, regardless of his place of residence, held national identity card…

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