911/2024 Const. P. Mst. Musrat (Petitioner) V/S Province of sindh & others (Respondent)

Sindh High CourtFamily Law2024

Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author)

911/2024 Const. P. Mst. Musrat (Petitioner) V/S Province of sindh & others (Respondent) Sindh High Court

Bench: Hon'ble Mr. Justice Adnan-ul-Karim Memon(Author) Order Date: 23-SEP-24

The subject issue involves the intricacies of marriages of the parties, which is governed by the Christian Marriage Act 1872, The Divorce Act 1869, and the Muslim Family Laws Ordinance. The court underscored in [2003 YLR 400 Lahore-High-Court-Lahore] that Christian marriages in Pakistan are monogamous unions, setting them apart from Muslim marriages, which are seen as civil contracts. The Christian Marriage Act stringently prohibits polygamy, making any second marriage conducted without dissolving the first one void and punishable. At the same time, the legal validity of a marriage is largely determined by the religious backgrounds of the individuals involved, as is the second marriage of Mst. Sughran after converting to Islam.

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911/2024 Const. P. Mst. Musrat (Petitioner) V/S Province of sindh & others (Respondent)

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