Permission can get from Union council even if wife is not agreed to give permission but there are solid grounds for second marriage than union council can give permission to husband for second marriage in pakistan.

An application for permission under Sub-section (1) shall be submitted to the Chairman in the prescribed manner together with the prescribed fee, and shall state reasons for the proposed marriage, and whether the consent of existing wife or wives has been obtained thereto. On receipt of the application under Sub-section (3), Chairman shall ask the applicant and his existing wife or wives each to nominate a representative, and the Arbitration Council so constituted may, if satisfied that the proposed marriage is necessary and just, grant, subject to such condition if any, as may be deemed fit, the permission applied for. In deciding the application the Arbitration Council shall record its reasons for the decision and any party may, in the prescribed manner, within the prescribed period, and on payment of the prescribed fee, prefer an application for revision, to the Collector concerned and his decision shall be final and shall not be called in question in any Court.

Second marriage can be contracted after permission

Judgment declares that permission from arbitration council is sufficient for contracting a second marriage in the presence of first wife.

Citation Name : 2010 PCrLJ 950 LAHORE-HIGH-COURT-LAHORE
Side Appellant : SHAMIM MAI
Side Opponent : ALLAH DITTA
S.6(5)—Criminal Procedure Code (V of 1898), S.417(2)—Special leave to appeal against acquittal—Trial Court had acquitted the accused under S.249-A, Cr.P.C. of the charge under S.6(5) of the Muslim Family Laws Ordinance, 1961—Arbitration Council of the. Union Council concerned had permitted the accused for second marriage, which was the only requirement of law for second marriage—Impugned judgment dismissing the private complaint of the complainant was based on cogent and convincing reasons—Accused after his acquittal by trial Court had assumed double innocence—Special leave to appeal was refused to the complainant in circumstances and her petition was dismissed accordingly.

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