The Islamabad High Court (IHC), in an unprecedented ruling, has made it mandatory for men to take prior permission from Islamic Reconciliation Council for second marriage despite having consent from the first wife.
IHC Chief Justice, Justice Athar Minallah, gave the verdict on Monday while hearing a case related to a dispute on a second marriage.
Justice Athar ruled that if a man enters a second marriage with the consent of his first wife but has not taken permission from the council, he will be punishable accordingly.
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Petitioner Dilshad Bibi submitted before the court that she had entered a marriage contract with Liaqat Ali Mir from Azad Kashmir in 2011. The duo lived in Islamabad for a couple of years before separation in 2013. Later, her husband entered a second marriage without the petitioner’s consent.
The court observed that the second marriage without the consent of first wife and the reconciliation council was punishable under Muslim Family Laws Ordinance-1961.
Hence, Liaqat Mir was handed one month of prison and a fine of Rs. 5,000.
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Liaqat appealed against the verdict and the Additional Session Judge of the Appellate Court acquitted him on the grounds that he was a citizen of Azad Kashmir and Pakistani laws didn’t have the jurisdictions there.
His wife filed another plea against the acquittal in Islamabad High Court. Justice Athar remarked that Muslim Family Laws Ordinance-1961 applied to each and every Muslim across the country and ordered Session Judge to decide the case on merit.
