What if a man marries another woman without permission of wife?
Citation Name : 2010 MLD 470 KARACHI-HIGH-COURT-SINDH
Side Appellant : ATIQ-UR-REHMAN
Side Opponent : Mst. SADIA
S.6—West Pakistan Rules under
the Muslim Family Laws Ordinance, 1961, R. 21—Criminal Procedure Code
(V of 1898), S.561-A—Polygamy-–Quashing of proceedings,
application for—Respondent/ complainant wife in her complaint had
alleged that applicant/husband had contracted second marriage without
her prior permission and consent—Wife had also alleged that husband had
not even filed any application to the Nazim Union Council for obtaining
permission of Arbitration Council—Complaint was returned by the Civil
Judge and Judicial Magistrate, with the direction to file same before
the Union Council concerned—Appellate Court
however, set aside order of the Trial Court and remanded the’ complaint
with the directions to record the statement of wife—Husband who filed
application for quashing of the proceedings had contended that
provisions of S.6 of Muslim Family Laws Ordinance, 1961 did not
contemplate an action on behalf of private person, which could only be
initiated on behalf of the Union Council—Validity—As to what had been
provided under the law, had to be followed in the same manner and an
aggrieved party could avail normal. remedies by approaching the Trial
Court—Notwithstanding, it was not the intention of lawmakers that an
aggrieved party under S.6(5) of the Muslim Family Laws Ordinance, 1961
should approach the court of law for redress, except that Union Council
would have the jurisdiction over the subject in the event of Polygamy as
said section did not contemplate delegation of authority to the private
person for initiating an action on behalf of the Union Council—In the
present case, proceedings initiated by the Trial Court in the complaint
of wife, were found to be devoid of lawful authority, it would be an
exercise in futile to allow the private complaint to linger on which
would tantamount to be patent illegality and flagrant abuse of process
of law—Bar existed in entertaining a private complaint directly filed by
the wife against the husband, which would amount to violation of the
principles of justice, and required interference for exercise of power
of quashing the proceedings–Impugned order was set aside and proceedings
pending before the Trial Court were directed to be quashed.
