The Lahore High Court (LHC) has ruled that the second marriage of a woman without completing iddat (period a Muslim woman has to observe after the dissolution of marriage) cannot be considered “void” and does not constitute the cognisable offence under Hudood Ordinance i.e. Zina (adultery) in Pakistan.
Judge Justice Ali Zia Bajwa on Friday heard the case in which the petitioner, Amir Baksh, filed a case of Zina against his ex-wife Amina and her new husband Ismail, reports Dawn.
In the petition, Baksh argued that his wife unilaterally took a verdict of annulling the marriage from the court and tied the knot with Ismail the very next day. He termed the new marriage “null and void” as well as Zina.
While dismissing his petition, the high court said that such a marriage cannot be considered Batil (invalid) but without the completion of iddat would be considered Fasid (corrupt or irregular).
“Fasid marriage is the one where the impediment to the validity of such marriage is temporary, while in case of a Batil marriage, such impediment is permanent,” Judge said.