A Comprehensive Note on the Judgment of Supreme Court of Pakistan on Second Marriage Without Permission
Introduction:
In 2020, the Supreme Court of Pakistan delivered a landmark judgment on second marriage without permission. The judgment was passed in response to a case filed by a woman whose husband had contracted a second marriage without her permission.
Background of the Case:
The woman had approached the court seeking a declaration that her husband's second marriage was illegal and that she was entitled to a divorce. She argued that her husband had violated the conditions of their marriage contract, which required him to seek her permission before contracting a second marriage.
Court's Reasoning:
The Supreme Court held that the husband's second marriage was illegal because he had not obtained the permission of his first wife. The court reasoned that under Islamic law, a man is permitted to contract a second marriage only if he is able to fulfill certain conditions, including obtaining the permission of his first wife. Failure to obtain such permission renders the second marriage void.
Impact of the Judgment:
The judgment has far-reaching implications for the practice of polygamy in Pakistan, where it is not uncommon for men to contract multiple marriages without the permission of their first wives. The judgment clarifies that such marriages are illegal and that women have the right to challenge them in court.
Response to the Judgment:
The judgment has been welcomed by women's rights groups in Pakistan, who have long advocated for greater protection of women's rights in marriage.
Conclusion:
The judgment of the Supreme Court of Pakistan on second marriage without permission is a landmark decision that has far-reaching implications for the society. It is a step towards promoting gender equality and protecting the rights of women.