Question :

A.O.A. Sir/Madam, hope you have a good day.
My cousin got marriage during 2009 and Almighty gifted her a female baby during 2010. Upon some disputes with her husband, she filed a suit in the Family Court during 2012 for Recovery of Dowry Articles and Grant of Maintenance Allowance of Her and Her Baby. During 2013, her husband divorced her “talak salasah”. Before expiry of 90 days, after talak, her husband contracted second marriage, without getting her verbal/written permission. As Section 6 (5) (b) of the Muslim Family Laws Ordinance 1961 provides that; any man who contracts another marriage without the permission of the Arbitration Council shall on conviction upon complaint be punishable with the simple imprisonment which may extend to one year, or with fine which may extend to Rs.5000/-, or with both.
As such, her husband contracted second marriage during the reconciliation period i.e. 90 days after talak; and before failure of reconciliation/ issuance of Divorce Effectiveness Certificate. As such, at the time of his second marriage, the talak was not declared effective; was it necessary for him to get permission from his first wife; or otherwise? Whether, above cited Section of Muslim Family Laws Ordinance is applicable in this case, if so, then how she would be proceeded? Please elaborate in detail and also mention the relevant Section(s) of law.
Thanks, bundle of thanks!


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