Second marriage contracted by husband--

 P L D 2020 Supreme Court 613

(a) Muslim Family Laws Ordinance (VIII of 1961)---
----S. 6(5)(a)---Second marriage contracted by husband---Dower, payment of---Scope---Entire amount of dower fixed at the time of marriage whether prompt or deferred was immediately payable on account of second marriage---Where a man entered into a second marriage without seeking prior permission either from the existing wife or the Arbitration Council, the dower even if it was termed as deferred or prompt became payable without any delay.
(b) Muslim Family Laws Ordinance (VIII of 1961)---
----S. 6---Polygamy---Permission in writing from Arbitration Council for contracting second marriage---Provisions of section 6 of the Muslim Family Laws Ordinance, 1961 were in consonance with the Injunctions of Islam---Said provisions had not placed any restriction to contract second marriage, rather it only related to seeking permission before entering into second marriage in order to regulate the structure of society as a whole---Any deviation from the provisions of S. 6 of Muslim Family Law Ordinance, 1961, might ensue number of issues which would frustrate the fabric of relationship within a society.

0 comments:

Post a Comment

Powered by Blogger.

Case Law Search