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Second marriage no ground fof dissolution of marriage.
Second marriage no ground fof dissolution of marriage.
pakistanilaws
14:54:00
Second marriage no ground for dissolution of marriage.
In view of this
legal position, Clause (ii-a) of Section 2 of the Dissolution of Muslim
Marriages Act, 1939 has no longer remained part of the Statute since 1981. In
consequence whereof taking of second wife in marriage, in presence of the first
wife, even without permission or consent of the first wife, is no more a valid
legal ground for dissolution of marriage. Pursuant to this legal position, the
findings of both the courts below of awarding the decree for dissolution of
marriage on the ground of second marriage of husband and consequential decree
for recovery of dower and maintenance are unwarranted, illegal and nullity in
the eye of law. Syed Rashid Ali Shah v. Mst. Haleema Bibi (P L D 2014 Peshawar
226); PLJ 2014 Peshawar 233 (DB) by Khan, J. Nisar Hussain
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