PESHAWAR: A local family court on Saturday convicted a man for contracting second marriage without the permission of his first wife and local council and sentenced him to three months imprisonment and fined him Rs5,000.

The court presided over by Senior Civil Judge Ghulam Hamid ordered that in case of non-depositing of fine the convict, Sajjad Khan, a resident of Regi Aftezai area of Peshawar, should undergo further simple imprisonment for 15 days.

The judge ruled that the complainant, Ms Fatima, succeeded to prove her case against the accused beyond any shadow of doubt through reliable and confidence inspiring evidence.

The accused was convicted under section 6 (5) of Muslim Family Law Ordinance, 1961, dealing with polygamy and mechanism for contracting second marriage.

The complainant had earlier filed a suit for payment of dower to her in 2019.

The said suit was already decided and the court had ordered resettlement of the woman with her husband.

However, the convict had not re-settled her and had already contracted second marriage.

The trial court had also ordered an inquiry through local police wherein it was proved that the convict had contracted second marriage.

During trial the court had recorded evidence of the inquiry officer, secretary of the relevant union council, complainant and other witnesses.

The lawyer appearing for the complainant contended that the accused contracted the marriage without following the legal requirements provided in Muslim Family Laws Ordinance.

He stated that under section 6 of the ordinance, no man, during the subsistence of an existing marriage, should except with the previous permission in writing of the relevant arbitration council, contract another marriage.

He contended that an application for permission should be submitted to the chairman of the union council in the prescribed manner and should state reasons for the proposed marriage, and whether the consent of existing wife or wives had been obtained thereto.

He argued that contracting second marriage without permission of the local council and consent of the existing wife was a crime under the ordinance.

The counsel stated that in the earlier suit the accused in his reply had also admitted his contracting of the second marriage.

Published in Dawn, April 21st, 2024