Petitioner for Court Marriage in Pakistan:
Under S. 6(5) of Muslim Family Laws Ordinance, 1961 petition pending before Special Judicial Magistrate who had issued bailable warrants of arrest of petitioners. The male accused, who was married to the respondent/complainant, had divorced her through a written divorce. After that, he contracted Nikah with the female accused, which was registered with Nikah khawan in Lahore, Pakistan. 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.
Female accused/petitioner No. 1 had argued that she had committed no offense by marrying co-accused/petitioner No. 3. Since, according to Islam, every male Muslim was allowed to contract four marriages and that provisions of S. 6(5) of Muslim Family Laws Ordinance, 196l were ultra vires the Shariah. Provisions of S. 6(5) of Muslim Family Laws Ordinance, 1961 had laid down that only man who contracted second court marriage in Pakistan without his wife’s permission or Arbitration Council ‘could be prosecuted. No provision was for prosecution of a second wife who herself could file a complaint under S. 6 of Muslim Family Laws Ordinance, 1961, since she would also be’ an aggrieved party where her husband had contracted two marriages. No provision existed for the prosecution of witnesses and nikah khawan in Lahore Pakistan.
Second wife/petitioner, witnesses, and Nikah Khawan in Lahore Pakistan could at best be summoned as witnesses and not as accused in the case and as such, to their extent, order for issuance of warrants for their appearance as co-accused was without lawful authority. Petitioner No. 3/male accused who had contracted second court marriage in Pakistan; prima facie was charged with a complaint under S. 6(5) of Muslim Family Laws Ordinance, 1961. Since he had died to appear before Magistrate in response to the summons issued, no infirmity was in the order
Warrant of Arrest:
Regarding issuing his warrant of arrest, the private complaint was accepted to the extent of all petitioners, except petitioner NO. S/1male accuses and complaints, as well as order for issuance of their bailable warrants, was quashed. Polygamy is prohibited under S. 6 the Muslim Family Laws Ordinance, I9ol, and Violation of Such prohibition carries a punishment of imprisonment up to one year. The wife’s private complaint under Section 1 Ordinance was dismissed on the grounds of absence for reasons beyond her control and for which she had no notice. As offense being compoundable Trial’ Magistrate, held, not competent to acquit him on grounds. In such absence of the complainant, the order of acquittal stands illegal. Petition for quashing of the order passed in revision against acquittal dismissed.
Nikah Khawan in Lahore Pakistan:
Husband during the subsistence of first marriage solemnized second court marriage in Pakistan through nikah khawan in Lahore Pakistan without obtaining the permission of Arbitration Council. Complaint by the second wife: Leave to appeal was granted to husband to examine whether the second wife “had no locus standi to file a complaint about the alleged offense by the husband of polygamy as she was not an aggrieved person, within the meaning of S. 6 because the said provision was intended for the protection of the rights of the first wife rather than those of the subsequent wife. The subsistence of the first husband during marriage solemnized another court marriage in Pakistan through nikah khawan in Lahore Pakistan without obtaining the permission of Arbitration. Council. The second wife, amongst others, was also an aggrieved party and could lawfully institute proceedings before Criminal Court against the husband for an offense under S. 6.
Women in Islam:
A woman in Islam is not bound in all circumstances to live with her husband. The predominance of a Muslim husband in matrimonial matters, no doubt, was recognized, yet that in no way meant that the husband enjoyed an unfettered right to compel his wife to live with him in all circumstances. The right of the husband was not free from conditions or limitations. Islamic Injunctions are laying down conditions that would absolve a woman from the obligation to accompany her husband or to live with him if not fulfilled. Objection about not seeking permission by husband from the first wife for contracting second court marriage in Pakistan through nikah khawan in Lahore Pakistan not raised before Trial Court nor Trial Court was required to frame the issue on same. Petitioner’s wife, held, could not be allowed to assail proceedings on such technical ground.