No, a married woman cannot legally marry another man without first obtaining a divorce from her current husband in Pakistan.
Under Pakistani law, polygamy is permitted for Muslim men but only with specific conditions and the consent of the first wife. However, it is strictly forbidden for a woman to be married to two men simultaneously.
Consequences of attempting to marry without a divorce:
- Bigamy: The second marriage would be considered bigamy, which is a criminal offense in Pakistan.
- Invalidity: The second marriage would be legally invalid and would not be recognized by the courts.
- Legal penalties: Both the woman and the man involved in the second marriage could face legal penalties, including imprisonment.
Importance of legal divorce:
A legal divorce is essential to ensure that the woman is legally free to marry another man. The divorce proceedings should be conducted according to Islamic law and Pakistani legal framework.
Examples:
- If a woman in Pakistan is currently married and attempts to marry another man without a divorce, she would be committing bigamy and could face legal consequences.
- A woman who wants to remarry after her husband's death does not need a divorce as the marriage is automatically dissolved upon his death.
Practical insights:
- It is important to consult with a legal professional to understand the legal requirements and procedures for obtaining a divorce in Pakistan.
- If a woman is considering remarrying after her husband's death or after a divorce, she should ensure that the divorce is final and legally binding before entering into another marriage.
Conclusion:
In Pakistan, it is not legally permissible for a married woman to marry another man without first obtaining a divorce from her current husband. Bigamy is a serious crime, and the second marriage would be invalid.
