Multiple Court Marriage in Lahore Pakistan:
The case of multiple court marriage in Lahore Pakistan, by the husband, was in issue. The wife could not be compelled to live with the other wives of the defendant after court marriage in Lahore Pakistan, and she could refuse to live with the parents of the husband. For Court Marriage in Pakistan, U Need to Follow the Court Marriage Procedure in Pakistan, Procedure of Court Marriage in Pakistan. The Court Marriage Law in Pakistan is very clear for the Citizen of Pakistan & for Overseas Pakistani. The wife had granted permission to contract a second court marriage in Lahore, Pakistan, on the condition that the husband would continue to pay Rs.500/- per month as maintenance.
Residential Room:
Also transfer one residential room and one shop part of the house, belonging to husband Parties entered into an agreement and his father incorporating the said conditions. Based on permission from the wife, Husband obtained a permission certificate from the Arbitration Council entitling him to have a second wife. After that, he entered into a second marriage. The husband did not fulfill the promise, and instead, the first wife was divorced in Pakistan. In the divorce procedure in Pakistan, the husband’s father affirmed that he had transferred the residential room in favor of his son’s first wife and volunteered that he would execute the sale deed whenever she wanted. Such promise was also not fulfilled.
Specific Performance:
The wife filed suit for specific performance of their agreement which was tried and dismissed up to Appellate Court on the ground that the agreement between husband and wife was not enforceable as there was no consideration. Further, the same was a violation of S. 27, Contract Act, 1872. High Court, in revision, took the view that grant of permission to marry was a valid consideration for the agreement to transfer the specified property.
Muslim Law & Provision:
The agreement was not without consideration in the facts and circumstances of the case. Provision of S. 27, Contract Act, 1872, which otherwise was not attracted to the facts and circumstances of the case, gave way to the provision of S. 3, Muslim Family Laws Ordinance, 1961, which provides that the Ordinance shall have an overriding section, notwithstanding the provision of any law to the contrary. Provision of S. 6, Muslim Family Laws Ordinance, which placed a restraint on the right of the husband to enter into an additional marriage during the subsistence of the earlier marriage, except with the permission of the existing wife or in case of her refusal, with the permission of Arbitration Council, S. 6 of the Ordinance, therefore, could not be said to conflict with the provision of S. 27, Contract Act, 1872.
Mandate of S.3:
The mandate of S. 3 of Muslim Family Laws Ordinance, 1961 had to prevail in any case. High Court, in the circumstances, had rightly interfered in the exercise of revision jurisdiction conferred by S. 115, C.P.C., as the Trial Court and the Appellate Court had dismissed the suit on the wrong understanding of the law that the agreement was without consideration or was a violation of S. 27 of the Contract Act, 1872. 5. Polygamy-Quashing of proceedings. In quashing of proceedings, the application was not upheld. Respondent/complainant wife, in her complaint, had alleged that applicant/husband had contracted second marriage without her prior permission and consent, and no divorce procedure in Pakistan was conducted.
