Law: Muslim Family Laws Ordinance, 1961

Section: 6

(a) Muhammadan Law Marriage-Every Muslim of sound mind after attaining puberty competent to enter into marriage Girl more than fifteen years old, held, could enter into a valid marriage without interference of her father. Principles of Mahomedan Law by D. F. Mulla, 14th Edn., S. 251 rel. (b) Muslim Family Laws Ordinance (VIII of 1961) S. 6-- Second marriage contracted during subsistence of first without permission of Arbitration Council in contravention of S. 6-Contra vention of section, though attracts penal action, yet does not invalidate other marriage. Marriage during the subsistence of an existing marriage was sought to be declared invalid on the plea that under the Muslim Family Laws Ordinance, there is a prohibition to such marriage except when contracted with the previous permission in writing of the Arbitration Council. Held: The contention on the face of it seems to be correct. However, it would not affect the present proceedings, because section 6 of the Muslim Family Laws Ordinance, which deals with polygamy, reveals that if any man contracts another marriage without the permission of Arbitration Council, he shall on con viction upon complaint, be punishable with simple imprisonment, which may extend to one year or with fine which may extend to five thousand rupees. or with both. The Ordinance, therefore, only penalises the person in respect of a marriage celebrated in contra vention of the provisions of the Ordinance by making him liable to imprisonment or fine or both but does not invalidate the marriage itself. Date of hearing: 16th December 1969.   ORDER This is an application under section 491 of the Code of Criminal Procedure by one Muhammad Aslam against Ghulam Muhammad Tasleem, for the production of detenu, namely, Mst. Iqbal Parveen, daughter of aforesaid Ghulam Muhammad Tasleem from the latter's illegal detention and setting her at liberty. 2. The petitioner, who is not related to the alleged detenu, claims to be a person whose family had close relations with the family of the detenu, has alleged, that he happened to visit the house of the respondent accompanied by his wife and daughters and on arrival at that place, was surprised…