LAHORE: A family court has awarded a seven-month imprisonment to a man for contracting a second marriage without a mandatory permission of his first wife and the relevant arbitration council.

However, the execution of the sentence would remain postponed till the expiry of the period of filing an appeal against the conviction before an appellate court, said the order issued by Family Judge Adnan Liaqat.

Zona Nasar of Bedian Road, Lahore, filed a complaint against her husband Aurangzeb Khan Warya, a resident of DHA Phase-I, under section 6 (5) of the Muslim Family Laws Ordinance 1961.

The woman pleaded through a counsel that she had married the accused in 2011, however, he during the subsistence of their existing marriage married another woman in 2021 without seeking her prior permission and the concerned arbitration council.

The accused rejected the allegations saying he contracted the second marriage after getting oral permission of the complainant (the first wife) in the presence of her family members.

He said the arbitration council of the area concerned was not duly constituted at the time of second marriage.

The accused said he contracted a second marriage as his first wife was unable to conceive a child despite being provided with best available medical treatment.

In his verdict, the judge observed that the accused violated the law and must suffer its consequences.

The judge noted that the accused failed to prove that his first wife granted him permission, as this claim was contradicted by the fact that the wife/complainant herself filed a complaint against him.

He maintained that the accused contracted a second marriage during the subsistence of his first marriage with the complainant without obtaining permission from the arbitration council.

The judge observed that the accused had a child from the complainant, but he took a stance that the inability of the complainant to conceive compelled him to contract a second marriage.

The judge ruled that the stance taken by the accused did not absolve him of the obligation of seeking prior permission under the law.

The judge held the accused guilty and convicted him under section 6 (5) of the Muslim Family Laws Ordinance, 1961 with simple imprisonment of seven months.

The judge also imposed a fine of Rs500,000 on the convict.

The judge ordered the accused to furnish bail bonds of Rs100,000 with a commitment of filing an appeal against the conviction within the stipulated period, otherwise, the sentence would be executed.

Published in Dawn, March 17th, 2024