Polygamy and Court Marriage in Pakistan:
No one, during the subsistence of existing court marriage in Pakistan, shall except with the previous permission in writing of the Arbitration Council, contract another court marriage in Pakistan, nor shall any such marriage contracted without prior permission be registered under this Ordinance. The Court Marriage Procedure in Pakistan is Very Simple. If you want to Do the Court Marriage in Lahore then u need to Know the Court Marriage Law in Pakistan.
(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 state reasons for the proposed court marriage in Pakistan and whether the consent of existing or wives has been obtained to it
Venue for trial. The existing wife was married to a petitioner at Rawalpindi, where he also resided. Therefore, an application for contracting a second court marriage in Pakistan could be made by him to the Union Council/Union Committee comprising the area where the existing wife was residing in Rawalpindi as provided by the rule.
Under rule 3A of Family Laws, the petitioner was alleged not to have obtained permission from the Arbitration Council of the said area before contracting second court marriage in Pakistan at Murree. Although the final act of contracting second marriage took at Murree, the two essential ingredients for constituting an offense under S. 6(5) of the Ordinance, i.e., the residence of existing wife and the location of Arbitration Council, fell within the area of Rawalpindi. Court of a Magistrate at Rawalpindi and that at Murree, therefore, had jurisdiction to try the complaint filed by the respondent (existing wife) and order passed by the Trial Court at Rawalpindi summoning the petitioner to face the trial before it was not open to any severe exception. The constitutional petition was consequently dismissed.
Nikah Khawan in Lahore:
Quashing of proceedings of court marriage in Pakistan depends on circumstances. Accused ladies were alleged to have managed second court marriage in Pakistan of their brother by Nikah khawan in Lahore Pakistan, without observing the legal formalities laid down in S. 6 of Muslim Family Laws Ordinance, 1961 and without obtaining the certificate from the concerned Arbitration Council. No evidence on record indicated that the accused had obtained a certificate to enter into a second marriage, nor were they the witnesses to said marriage. Even otherwise, the provisions of S. 109, PPC did not apply to offenses under the Muslim Family Laws Ordinance, 1961, a particular law. Continuance of proceedings against the accused ladies in the Court of Magistrate, therefore, would have been an abuse of the process of the Court, and the same quashed accordingly.
Nikah khawan in Lahore Pakistan appointed to perform marriage should not simply fill in columns of Nikahnamas in routine. They have a duty to make proper inquiries as to the competency of parties to understand the nature of their acts, their ages, and whether they were acting of their free will and without any compulsion. Petitioner contracted second court marriage in Pakistan during the subsistence of his first marriage. The existing wife filed an application before the Civil Judge-cum-Chairman of the Union Council for taking cognizance of the offense of bigamy.
Civil Judge returned complaint holding that he was ‘not competent. Deputy Commissioner on revision held that case could be tried by Chairman Arbitration Council. Order of Deputy Commissioner impugned. It was held that Arbitration Council was only to decide an application for permission to contract a second marriage, and after that, its functions stopped. The complaint in respect of bigamy was to be made by the Union Council to Magistrate concerned only. Family Judge or Chairman had no jurisdiction having different entities in such cases which could be proceeded only by a Magistrate. The existing wife was directed to present her complaint to the Union Council concerned.