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