Question: What are the legal consequences of entering into a subsequent marriage without the consent of the Arbitration Council?
The consequences of entering into a marriage without the consent of the Arbitration Council are as follows:
- The new marriage contract will not be registered under the Muslim Family Law Ordinance 1961;
- The husband shall immediately pay the entire amount of the dower, whether prompt or deferred, due to the existing wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue; and
- He shall also face simple imprisonment for a period which may extend to three months and with fine of five hundred thousand rupees.
Note: However if a complaint is made against the husband in the family court by either his aggrieved wife, Union Council or Arbitration Council for failure to follow the procedure of polygamy provided under law that is permission of the Arbitration Council and the court finds him guilty then he may be sentenced to simple imprisonment for a period that may extend up to year with a fine of five hundred thousand rupees.