DECEMBER 9, 2022

Supreme Court of Pakistan Upholds Wife’s Right to Seek Divorce on Grounds of Husband’s Unlawful Second Marriage

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Supreme Court of Pakistan Upholds Wife’s Right to Seek Divorce on Grounds of Husband’s Unlawful Second Marriage

 

Islamabad 31-10-2024: In a significant decision, the Supreme Court of Pakistan ruled that a wife can seek the dissolution of her marriage if her husband takes an additional wife without adhering to legal requirements. This landmark judgment, issued by Mr. Justice Syed Mansoor Ali Shah, Mr. Justice Jamal Khan Mandokhail, and Mr. Justice Athar Minallah, clarifies and reinforces the rights of women under the Dissolution of Muslim Marriages Act, 1939, and the Muslim Family Laws Ordinance, 1961.

 

The case involved Dr. Faryal Maqsood, who filed for recovery of dower and dowry articles after separating from her husband, Khurram Shahzad, in 2012. During the legal proceedings, Shahzad married a second wife without seeking permission from the Arbitration Council as required by Section 6 of the Muslim Family Laws Ordinance, 1961. The Supreme Court of Pakistan upheld that such a marriage violated legal protocols, making it grounds for divorce under Section 2 (iia) of the Dissolution of Muslim Marriages Act, 1939.

 

The Court also addressed several procedural issues, setting aside previous orders that had dissolved the marriage on grounds of Khula and cruelty. The judgment emphasized that Khula, or a Court-ordered divorce at the wife’s request, cannot be imposed by the Court unless specifically sought by the wife. The Court overturned prior rulings that had allowed Khula and found insufficient evidence to substantiate cruelty as grounds for dissolution.

 

Additionally, the Supreme Court of Pakistan clarified that the repeal of Section 13 of the Muslim Family Laws Ordinance, 1961, did not nullify the insertion of clause (iia) in the 1939 Act, which allows for dissolution if the husband unlawfully takes another wife. This interpretation ensures the continued validity of this ground for dissolution, solidifying legal protections for women in such cases.

 

In conclusion, the Supreme Court of Pakistan upheld the trial Court’s decree on dower, dowry, and maintenance while confirming the wife’s right to divorce on the grounds of her husband’s unauthorized second marriage. This ruling reinforces the procedural requirements for polygamous marriages under Pakistani law and underscores the judiciary’s role in safeguarding women’s marital rights.

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