Contracting second marriage without seeking permission from first wife lands man in jail

Woman approached Khairpur court against husband's second marriage

A man in Khairpur has been sentenced to spend six months in jail after he married for a second time without obtaining permission from his first wife.

The woman, said to be first wife of a man, had lodged a case against her husband in the family court.

In her application, the woman claimed that her husband had proceeded to marry for a second time, without seeking her permission first.

On the basis available evidence, the court sentenced the man to six months in prison.

Following directives from the court, the police shifted the convict to central jail.

What does law say?

Under section 6 of the Muslim Family Law ordinance 1961, it makes consent from the first wife obligatory.

The section is reproduced below:

Polygamy.– (1) No man, during the subsistence of an existing marriage, shall, except with the previous permission in writing of the Arbitration Council, contract another marriage, nor shall any such marriage contracted without such permission be registered under this Ordinance.

(2) An application for permission under sub-section (1) shall be submitted to the Chairman in the prescribed manner, together with the prescribed fee, and shall state reasons for the proposed marriage, and whether the consent of existing wife or wives has been obtained thereto.

[8][(2A) The Nikah Registrar or the person who solemnizes a Nikah shall accurately fill all the columns of the nikahnama form with specific answers of the bride or the bridegroom.]

(3) On receipt of the application under sub-section (2), the Chairman shall ask the applicant and his existing wife or wives each to nominate a representative, and the Arbitration Council so constituted may, if satisfied that the proposed marriage is necessary and just, grant, subject to such conditions, if any, as may be deemed fit, the permission applied for.

[9][(4) If a person contravenes the provision of:

(i) subsection (2A), he shall be punished to simple imprisonment for a term which may extend to one month and fine of twenty five thousand rupees; and

(ii) subsection (3), he shall be punished to simple imprisonment for a term which may extend to three months and fine of one hundred thousand rupees.]

(5) Any man who contracts another marriage without the permission of the Arbitration Council shall,

(a) pay immediately the entire amount of the dower, whether prompt or deferred, due to the existing wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue; and

[10][(b) on conviction upon complaint be punishable with the simple imprisonment which may extend to one year and with fine of five hundred thousand rupees.]



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