Breaking the Silence: Unauthorized Polygamy as a Ground for Divorce. A Critical Analysis of Section 6 MFLO 1961 and Section 2(iia) DMMA in Light of Dr. Faryal Maqsood v. Khurram Shahzad Durrani (PLD 2025 SC 262)

Abstract

This article examines the judicial interpretation of Section 6 of the Muslim Family Laws Ordinance 1961 (MFLO) in conjunction with Section 2(iia) of the Dissolution of Muslim Marriages Act 1939 (DMMA), as elucidated by the landmark judgment of the Supreme Court of Pakistan in Dr. Faryal Maqsood and another v. Khurram Shehzad Durrani and others (PLD 2025 SC 262). The decision represents a watershed moment in Pakistani family jurisprudence, affirming that unauthorized polygamy a husband's contracting of a second marriage without the mandatory permission of the Arbitration Council under Section 6 MFLO constitutes a valid and independent ground for the dissolution of marriage under Section 2(iia) DMMA. The Court further clarified the procedural prerequisites for khula, holding that courts cannot order dissolution on this basis without an express or implied request from the wife. This article provides a comprehensive analysis of the statutory framework, the historical evolution of polygamy regulations in Pakistan, the doctrinal significance of the Supreme Court's ruling, and the practical implications for family law practitioners. The judgment is situated within the broader context of constitutional protections for women's rights and the ongoing jurisprudential struggle to reconcile classical Islamic law principles with contemporary legislative interventions.

Keywords Muslim Family Laws Ordinance 1961, Section 6, Section 2(iia), Dissolution of Muslim Marriages Act 1939, Polygamy, Arbitration Council, Women's Rights, Pakistan Supreme Court, Dr. Faryal Maqsood v. Khurram Shahzad Durrani, Judicial Khula, Dower Rights