- Rule Nisi --- Change of faith --- Marriage without divorce --- Recovery of wife --- Petition to Court --- Procedure

 PLD 2023 SINDH 53

Sindh Hindus Marriage ( Amendment ) Act ( XLIX of 2018 ) --- -Ss.11 & 14 --- Criminal Procedure Code ( V of 1898 ) , S. 561 - A --- Rule Nisi --- Change of faith --- Marriage without divorce --- Recovery of wife --- Petition to Court --- Procedure --- Petitioner's wife converted to Islam and contracted marriage with respondent without waiting for Iddat ( intervening period ) --- Petitioner sought recovery of his wife and two minor daughters --- High Court sent the wife to Darul Amann to remain there till that decision of petition --- Validity --- High Court declared marriage with respondent contracted during Iddat period was Fasid ( irregular ) and not Batil ( void ) and released the wife from Darul Amman and she could enter into Nikkah with respondent a fresh , if she so wished --- High Court declared that if a married , non - Muslim woman embraced Islam , she was to file petition in Family Court for termination dissolution of marriage and Family Court would summon her husband , inform him of her conversion , and would offer him to accept Islam , Family Court then would wait till expiry of her Iddat period for reply / decision of her husband --- High Court further directed that if husband in response to offer embraced Islam within the period of Iddat , the marriage would continue but if he remained non - Muslim even after expiry of Iddat period , the Court could pass a decree of termination / dissolution of marriage and the woman , thereafter , would be free to marry a Muslim man if so , wished --- High Court further directed that Iddat was compulsory after dissolution of marriage of any character and Iddat was imposed in order to provide an opportunity to non - Muslim husband to consider whether he wished to embrace Islam and also as a matter of public policy in order to ascertain whether the woman was pregnant by earlier husband , so as to avoid confusion of parentage --- Family Court in case in such petition filed by women , fresh convert to Islam , [ or a petition filed by parents or any guardian pleading forced marriage of their 18 years ) daughter ] would proceed to underage ( below determine on evidence in each case whether the conversion or marriage was prima facie genuine ( and was not forced ) , or only a pretext and decide accordingly --- In the first case , findings would operate as a defense against criminal prosecution and in the latter , it would make the perpetrator of act , offender of law