A judge’s ruling on annulment of nikah

Question

Question: Malki’s father, Allah Datta, contracted Malki’s nikah in her minority with Afzal. At present Malki is about 35 years old. Thirteen years ago Muhammad Afzal married a second time, and from that marriage he also has five children. Before the second marriage Malki’s father said to Afzal: “Take your wife, do not marry a second time,” but Muhammad Afzal refused: “I will keep her sitting at your house.

Answer

Since, on the petition of the plaintiff, the husband was summoned before the court and his statement was taken, and after full proof and defence it was established to the court that the plaintiff’s statement is correct and that the husband does not fulfil her rights, and on this basis the respected Chaudhri Fazl Karim, Civil Judge, has carried out tafriq between the two, then…

Source: Fatawa Mahmudiyya

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