Second Marriage Permission

Second marriage permission

Section 6 of Muslim family Law Ordinance 1961

Permission in writing from Arbitration council for contracting second marriage— Provision of section 6 of the MFLO 1961 were  consonance with the injunction of Islam—said provision had not placed any restriction to contract second marriage, rather it only related to seeking permission before entering into second marriage in order to regulated the structure of society as a whole— any deviation from provision of section 6 of MFLO 1961 might ensure number of issues which would frustrate the fabric of relationship within a society.

PLD 2020 SC 613

Letter of Administration surety exemption

section 278 Letter of administration, grant of –requirement of furnishing surety, exemption from — petitioner widow contended that present matter was an uncontested matter, as no one, including all other legal heirs had opposed present petition, that in fact all legal ehirs had submitted their affidavits of no objection in favor of the petitioner ,  therefore she may be exempted for  surety for the grant of Letter of Administration in her name on execution of personals bond by her.. Held— that notice of present petition was published in a daily newspaper and was also affixed on the court notice board as per report submitted by the Deputy Registrar (O.S) about a month after the publication in the newspaper no objection whatsoever had been received from any  therefore the discretion of dispensing with the requirement of furnishing the surety for issuance of Letter of Administration  could be exercised in favour of the petitioner— since all the formalities had been completed as per rules there appeared to be no impediment in the grant of Letter of Administration in the name of petitioner duly supported by her affidavit within one week stating that there was no liabilities of the deceased that required settlement, and further subject to executing personal bond equivalent to the value of the immoveable property left by deceased the High court gave directions for issuance of Letter of Administration in the name of the Petitioner. petition was allowed.

PLD 2020 Sindh 713

 

Run-away marriage

Marriage… run-away marriage… place of solemnization of nikah….. nikah khawan clarified in his statement that he performed nikah at his residence— according to the practice in vogue, nikah was either arranged in the house of bride, mosque or any wedding hall where the parties choose to celebrate their wedding, thus, solemnization of nikah in the house of nikah khawan especially in the wake of the fact that it was run-away marriage, could not be disbelieved….

section 5 Muslim family Law Ordinance 1961… nikahnama.. completion of entries in nikahnama by a person other than the nikah khawan was allowed.

2020 CLC 549 Lahore 

Witnesses of Marriage

Islamic Law… Nikah…

witnesses to the nikah not related to the bride…. only requirement of the law was presence of two male or one male and two female witnesses at the time of offer and acceptance irrespective of the fact that they were closely related to the parties or not…. furthermore since marriage between the parties in the present case was solemnized against wishes of their families it could not be believed that some immediate family members of the bride would have participated in the said marriage especially when there was great difference between the social/financial status of the parties…

ref… Muhammadan Law by D.F. Mulla Para No. 252

2020 CLC 549

Marriage of Bride without Wali

Islamic Law…. Nikah…

No wakeel appointed for bride…. in the present case, the birde was well educated and more than 27 years of age at the time of nikah, thus she was competent enough to enter into nikah with any body according to her own whims even without intervention of a third person, in particular a wakeel….

2020 CLC 549 Lahore

(references… PLD 1981 FSC 308,  PLD 2009 Lahore 549, PLD 2008 Lahore 479)