The High Court has upheld the provision of the Muslim Family Law Ordinance, 1961, which requires prior written permission from the Arbitration Council before a man can contract a second marriage while an existing marriage remains valid. A bench comprising Justice Fahmida Quader and Justice Syed Zahed Mansur delivered the verdict by dismissing a rule issued following a writ petition challenging the provision. The full judgment was recently published.
The writ petition was filed on December 13, 2021, challenging Section 6 of the ordinance, which regulates polygamy. After an initial hearing, the High Court issued a rule on January 5, 2022, asking why a clearer policy on polygamy should not be formulated in the interest of protecting family life and why permitting polygamy without ensuring equal rights between wives should not be declared illegal. After a final hearing on August 20 last year, the court dismissed the rule, keeping the existing law in force.
Under Section 6 of the ordinance, a person must apply to the Arbitration Council stating the reasons for the proposed marriage and whether consent from the current wife or wives has been obtained. Permission may be granted only if the council finds the marriage “necessary and just.” The law also provides for penalties if a marriage is contracted without permission, including immediate payment of full dower and possible imprisonment or fines.
During the hearing, lawyer Ishrat Hasan, representing the petitioner, argued that the provision violates women’s constitutional rights by allowing polygamy without adequate safeguards to ensure equality and justice between wives. She also raised concerns about the lack of mechanisms to verify financial capacity and potential misuse of authority in granting permission. Despite the ruling, she stated that the petitioners plan to appeal to the Appellate Division.
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