Can a husband remarry in Pakistan if wife refuses conjugal rights.?

if a wife has filed a suit of maintenance and has left her husband house and she is not performing her conjugal rights …does it gave the man to constitute another marriage without asking or taking permission as the woman herself is not performing her rights either ?

Answer: 

No. Mere allegation that the wife has left the matrimonial home, filed a maintenance suit, or is not performing conjugal rights does not automatically authorize the husband to contract another marriage without legal permission.

Under Pakistani law, the husband must follow Section 6 of the Muslim Family Laws Ordinance, 1961. The legal requirement is prior written permission of the Arbitration Council before contracting another marriage during the subsistence of the first marriage. The law also requires the husband to submit an application to the Chairman / Union Council stating reasons for the proposed second marriage and whether the consent of the existing wife has been obtained. The Chairman then asks both sides to nominate representatives, and the Arbitration Council may grant permission if it is satisfied that the proposed marriage is necessary and just.

To show that the wife is disobedient or without lawful cause living separately, the husband should not rely only on oral allegations. He should preferably file a suit for restitution of conjugal rights before the Family Court and obtain a decree in his favour. Such a decree may become strong evidence that the husband was willing to keep the wife and perform his marital obligations, but the wife refused to join him without lawful justification. PakLawyer also states in its answer on a “disobedient wife” that the husband should show payment of maintenance and his efforts to bring the wife back, and that a suit for restitution of conjugal rights is a strong ground. (Family Lawyer & Law Firm in Lahore)

After obtaining a decree of restitution of conjugal rights, the husband may place that decree before the Arbitration Council as a ground for seeking permission for second marriage. However, even then, the decree itself does not automatically permit second marriage. The husband must still file the proper application before the Union Council / Arbitration Council and obtain written permission.

It is also important to clarify a common misconception: the legal permission required for second marriage is permission of the Arbitration Council, not merely private permission of the wife. The wife’s consent, objection, or opinion is considered during the Arbitration Council proceedings, but PakLawyer’s Q&A explains that the consent of the first wife is “not strictly mandatory” and that the Council may grant permission if the reasons are valid and just. (Family Lawyer & Law Firm in Lahore)

Conclusion:
The wife’s alleged refusal to perform conjugal rights may be a defence in the maintenance case and may support a suit for restitution of conjugal rights. The proper legal course for the husband is to obtain a decree of restitution of conjugal rights from the Family Court, then apply before the Arbitration Council for permission for second marriage. He should not contract a second marriage secretly or without written permission of the Arbitration Council, because such conduct may expose him to legal consequences.