Second Marriage Without Permission from First Wife in Pakistan – Court Cancels Conviction Due to Delay and Wrong Jurisdiction

Introduction
What Happened in the Case
Husband Broke the Law
Wife Filed Case After Divorce
Wife Knew About Second Marriage
Magistrate Had No Authority
Law Requires Proper Procedure
Final Court Ruling
Advocate Muhammad Amin

1. Introduction

This real case happened in Pakistan. A man married again without taking permission from his first wife. She filed a case, but the court rejected it. The delay and wrong court made the case invalid.

2. What Happened in the Case

The husband married another woman in 2015. He was still in a valid marriage with his first wife. He didn’t ask for approval from the Arbitration Council.

3. Husband Broke the Law

Section 6 of the Muslim Family Laws Ordinance requires written permission before a second marriage. The husband ignored this rule. He admitted the second marriage in court.

4. Wife Filed Case After Divorce

The wife filed her complaint on 5th April 2019. That was over three years after the second marriage. By then, the husband had already divorced her on 3rd December 2018. He also registered the divorce.

5. Wife Knew About Second Marriage

She said she didn’t know about the second marriage. But her sisters appeared in the wedding photos. This showed the wife and her family knew from the start. The court found her complaint false and delayed.

6. Magistrate Had No Authority

She filed the case in a Magistrate Court under Section 30. Only Family Courts can handle such matters. The case file didn’t have a Family Court stamp. The Magistrate had no legal power to decide the case.

7. Law Requires Proper Procedure

Only a legal court can handle a legal case. If a case goes to the wrong court, its decision carries no value. Courts must follow the law and procedure correctly.

8. Final Court Ruling

The husband filed an appeal. The higher court accepted it and canceled the earlier conviction. It gave three reasons:

The wife filed the complaint after the divorce.
She already knew about the second marriage.
The case went to the wrong court.

The husband walked free from the case.

9. Advocate Muhammad Amin

Advocate Muhammad Amin solves family, civil, and criminal cases. He gives honest legal advice. He protects clients’ rights in all courts across Pakistan.

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