Table of Contents
Conjugal Rights Suit and Court Marriage in Pakistan:
To file a conjugal rights suit or court marriage in Pakistan you may contact Nazia Law Associates. Nowhere in the Ordinance nor the rules made there under is there any mention that non-observance of the said provision of the Ordinance or rule would not render the second marriage irregular, nor such non-compliance would adversely affect the second marriage. (Second marriage taking place during the iddat irregular plaintiff not entitled to a decree for conjugal rights suit or court marriage in Pakistan.
Muslim Family Laws Ordinance:
Provision of S. 6(5) of the Muslim Family Laws Ordinance, 1961. She can file a complaint under S. 6 of the Ordinance since she would also be an aggrieved party where her husband contracts two marriages. The second wife, witnesses, and Nikah khawan can be summoned as witnesses and not accused. Criminal Celebration of marriage in violation of S. 6 of the Complaint quashed except the male accused, i.e., the husband.” Accuse admitting during the trial that he had contracted second marriage without getting permission from Arbitration Council. His admission would entail conviction.
Muslim under Sharia:
Muslim under Sharia could marry four wives, but there were certain restraints in the shape of equal treatment between all the wives and doing justice among them irrespective of conjugal rights suit or court marriage in Pakistan. The law of the land also prohibited second marriage unless the first wife gave permission. When the husband had neglected the wife rather than contracted the second marriage without the wife’s consent and without fulfilling the formalities provided under S. 6 of the Muslim Family Laws Ordinance, 1961, such was also a ground of cruelty. Second marriage without permission from the first wife. Leave to Appeal against acquittal. A resident of Azad Kashmir, the status. Jurisdiction of Court.
Court Marriage in Pakistan:
A private complaint was filed against the accused (husband) by his first wife on contracting a conjugal rights suit or court marriage in Pakistan. Trial Court convicted the accused, but Lower Appellate Court set aside the conviction because provisions of law did not apply to the accused as he was a resident of Azad Jammu and Kashmir. Validity. Regardless of his residence, Accused held a national identity card issued to him by the authority under National Database and Registration Authority Ordinance, 2000. It contracted marriage between parties duly registered in Islamabad and, therefore, to the. The extent of the complainant, cause of action in the context of S.6 of Muslim Family Laws Ordinance, 1961 had arisen in Islamabad.
High Court:
High Court remanded the matter to Lower Appellate Court for deciding Appeal afresh on conjugal rights suit or court marriage in Pakistan. The Appeal was allowed accordingly. A second wife is also an “aggrieved person” in terms of Rule 21 of the rule framed under the W.P. Muslim Family Laws Ordinance. Particularly where the husband did not disclose the factum of subsisting marriage.” In addition to the first wife or second wife, competent to file a complaint, any person is an aggrieved party for this section. Section 109, P.P.C. Provisions of S. 109, P.P.C. does not apply to offenses under theM1, a special enactment.15. Section 27, Contract Act does not apply on conjugal rights suit or court marriage in Pakistan.
Provisions of S. 27:
Provisions of S. 27, Contract Act, would be deemed to yield to express provisions of S. 6, Muslim Family Laws Ordinance, 1961, which has an overriding effect and must prevail notwithstanding any law to the contrary. Grant of no objection by wife to contract second marriage leading to the certificate by Arbitration Council to be treated to be valid consideration for him to agree to alienate a disputed portion of his house in her favor.
