Remarriage without Intervening Marriage

Under section 7(6) of Muslim Fmaily Law Ordiance 1961 does not debar a wife whose marriage has been terminated by talaq effective under this section from re-marrying the same husband, without an intervening marriage with a third person, unless such termination is for the third time so effective. The law previous to the enforcement of Muslim Family Law Ordinance 1961 made it obligatory for couples divorced by any mode of talaq other than talaq-e-ahsan not to re-marry each other again unless the wife marries another man by a valid contract and the later dies or divorces her after actual consummation and she marries her first husband after the period of iddat. Before re-marriage the parties has to prove that the bar to their marriage is removed by an intermediate marriage consummation and dissolution otherwise their marriage is not considered valid. In the case of divorce through khulla it is not obligatory on the wife to re-marry a third person before entering into re-marriage tie with her first husband. The re-marriage with same husband of course is to be subject to performance of another nikah. Section 7(6) also allows such re-union without “Halala” there is no restrain either in the Muslim Family Laws Ordinance or in the injunction of Quran and Sunnah.

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