A three-member bench of the Supreme Court on Tuesday declared second marriage without permission of the first wife illegal and an offence for which the man involved in such a case could be prosecuted according to the law.
The bench, comprising Chief Justice Iftikhar Muhammad Chaudhry, Justice M. Javed Buttar and Justice Tassaddaque Hussain Jillani, gave the decision while hearing the case of Saadia Saeed of Peshawar against Shafiullah, who contracted second marriage without the permission of his first wife.
Mrs Saadia Saeed had filed a petition in the Supreme Court against her husband, Shafiullah.
Shafiullah, an advocate, failed to reach a compromise with his wife during the 15-day period earlier given by the Supreme Court for the purpose.
In his statement, Shafiullah accepted his second marriage and said he made all efforts for a compromise with his first wife but failed and that even her parents did not allow him to meet her.
Giving a warning to Shafiullah, the bench said: "You (Shafiullah) have to divorce your first wife (or) otherwise face a criminal case."
Shafiullah submitted his written statement before the court and divorced her first wife, who was also present in the court room. He was allowed by the court to meet her daughter, a student at the Harvard Public School, Hayatabad in Peshawar, on alternate Saturday.
The woman was directed to hand over the daughter to Shafiullah on alternate Saturday and take her back the next day. Shafiullah will bear all educational expenses of the girl.
M. Younas Shah appeared before the court as counsel of the petitioner while Abdul Qadir Khattak appeared as counsel of the respondent.
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