ISLAMABAD: The Islamabad High Court (IHC) on Monday made the consent of the Arbitration Council mandatory for second marriage.
IHC Justice Athar Minallah issued the detailed verdict which stated that the approval from the Arbitrary Council is obligatory for the husband despite getting a go-ahead from the first wife.
According to the 1961 Muslim Family Laws Ordinance, “the person who performs a marriage without permission will be punished and fined”. Furthermore, the individual “will also be penalized for second marriage if the Arbitration Council does not permit it in spite of the approval by the first wife”.
The IHC also nullified the decision of an additional session judge who released a person namely Liaqat Ali Mir in the same case. The aforementioned person married Dilshad Bibi in 2011.
Mir performed a second marriage in 2013 without the consent of his first wife as well as the Arbitration Council. He was handed over one-month jail sentence by an Islamabad magistrate for his offense and was fined Rs5,000.
An additional session judge released Mir afterward on the grounds that he was a native of Azad Kashmir.
The Islamabad High Court – after annulling the decision – said in its remarks that all laws are applicable to the person who possesses the national identity card. The IHC further directed the additional session judge to hear the case on merit.
The second marriage is registered in Islamabad and the court holds the authority to conduct its hearing, the IHC declared.