The Lahore High Court (LHC) has reaffirmed the importance of adhering to legal provisions in cases of polygamous unions by upholding a verdict against a man who contracted a second marriage without the written consent of his first wife. The man was sentenced to three months in jail along with a fine of Rs1 million.
The case highlights the application of Section 6(5) of the Muslim Family Laws Ordinance, 1961, which makes it mandatory for a husband to seek approval from his first wife before marrying again. The judgment has drawn attention to the legal and social dimensions of second marriages in Pakistan.
Appeal Rejected by the Court
The convicted man had filed an appeal, arguing for leniency and attempting to justify his second marriage. However, the court firmly rejected his plea. The bench emphasized that excuses such as the aging of a spouse or personal preferences do not absolve individuals from complying with the law.
The ruling made it clear that circumstantial justifications cannot override statutory requirements. In doing so, the LHC reinforced the necessity of following due legal processes before entering into additional marital contracts.
Chief Justice Aalia Neelum’s Remarks
Chief Justice Aalia Neelum, while addressing the case, raised concerns about the wider social implications of bypassing legal obligations in marital matters. She underlined the role of courts in safeguarding the rights of women and ensuring that laws governing family matters are respected and enforced.
Her observations also pointed to the potential societal harm caused when men attempt to contract multiple marriages without proper consent and authorization. The court’s stance reaffirmed the principle that the law seeks to maintain fairness, transparency, and accountability within family structures.
Legal Framework of Polygamy in Pakistan
Under the Muslim Family Laws Ordinance, 1961, polygamy is permissible but regulated. Section 6(5) specifically requires a husband to seek written permission from his first wife before contracting another marriage. Failure to comply can result in legal consequences, including imprisonment and financial penalties.
The ordinance reflects an effort to balance religious permissions with legal safeguards designed to protect the rights and dignity of women. The recent LHC verdict reinforces this balance by ensuring that the law is not undermined by personal reasoning or social justifications.
Broader Implications for Society
The decision has sparked discussions about the cultural and legal aspects of second marriages in Pakistan. While polygamy remains lawful, the enforcement of consent requirements ensures that such unions do not disregard the rights of existing spouses.
The imposition of a heavy fine and jail sentence serves as a warning for others who may attempt to bypass the law. It also underscores the judiciary’s commitment to protecting women’s rights within the family system. The case could have a lasting impact on how future disputes concerning polygamy are approached and resolved.
