Islamabad (HRNW)- The Supreme Court has ruled that contracting a second marriage without the permission of the first wife and approval from the Arbitration Council is a clear violation of the Muslim Family Laws Ordinance, making the husband liable to both criminal and civil action.
In a five-page written verdict authored by Justice Musarrat Hilali, the apex court set aside the earlier decisions of the Family Court and the Peshawar High Court in the Naila Javed case. The Supreme Court also directed the husband to pay Rs 1.2 million as dowry to the wife.
The judgment stated that under the Dissolution of Muslim Marriages Act, if a husband remarries without the consent of his first wife, the wife has the legal right to seek termination of the marriage. The court further clarified that entering into a second marriage without the approval of the Arbitration Council is a direct violation of Section 6 of the Muslim Family Laws Ordinance.
According to the ruling, the husband failed to obtain written consent from his first wife and did not seek approval from the Arbitration Council — a fact that he admitted during the proceedings. The court observed that the second marriage was therefore unlawful and in breach of statutory requirements.
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