Law and Procedure of Second Marriage in Pakistan?

The Muslim Family Laws Ordinance, 1961  prescribed the law about polygamy, permission to second marriage and complaints

POLYGAMY.

(1) No man, during the subsistence of an existing marriage, shall except with the previous permission in writing of the Arbitration Council, contract another marriage, nor shall any such marriage contracted without such permission be registered under this Ordinance.

(2) An application for permission under Sub-section (1) shall be submitted to the Chairman in the prescribed manner together with the prescribed fee, and shall state reasons for the proposed marriage, and whether the consent of existing wife or wives has been obtained thereto.

(3) On receipt of the application under Sub-section (3), Chairman shall ask the applicant and his existing wife or wives each to nominate a representative, and the Arbitration Council so constituted may, if satisfied that the proposed marriage is necessary and just, grant, subject to such condition if any, as may be deemed fit, the permission applied for.

(4) In deciding the application the Arbitration Council shall record its reasons for the decision and any party may, in the prescribed manner, within the prescribed period, and on payment of the prescribed fee, prefer an application for revision, to the Collector concerned and his decision shall be final and shall not be called in question in any Court.

(5) Any man who contracts another marriage without the permission of the Arbitration Council shall,

(a) pay immediately the entire amount of the dower whether prompt or deferred, due to the existing wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue; and

(b) on conviction upon complaint be punishable with the simple imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

West Pakistan Rules under Muslim Family Laws Ordinance 1961 prescribed the procedure of second marriage and complaints.

POLYGAMY

14. In considering whether another proposed marriage is just and necessary during the continuance of an existing marriage the Arbitration Council any, without prejudice to its general powers to consider what is just and necessary, have regard to such circumstances, as the following amongst others :

Sterility, physical infirmity, physical unfitness for the conjugal relation, willful avoidance of a decree for restitution of conjugal rights, or insanity on the part of an existing wife.

15. An application under sub-section (1) of section 6 of permission to contract another marriage during the subsistence of an existing marriage shall be in writing, shall state whether the consent of the existing wife or wives has been obtained thereto, shall contain a brief statement of the grounds on which the new marriage is alleged to be just and necessary, shall bear the signature of the applicant, and shall be accompanied by a fee of one hundred rupees.

COMPLAINTS

21. No Court shall take cognizance of any offence under the Ordinance or these rules, save on a complaint in writing by the Union Council, stating the facts constituting the offence.

Legal Amendments

Punjab substitution of rule 21 : (Notification No.S.O. X-1-1975-Vol. ll-Punjab Gazette, Extra, 26th November, 1976).

21. No Court shall take cognizance of any offence, under the Ordinance or these rules save on a complaint in writing by the aggrieved party, stating the facts constituting the offence.’

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140 comments on “Law and Procedure of Second Marriage in Pakistan?

  1. My daughter’s husband who is Canadian national he married with my daughter during November 2016 in Pakistan later on after two months of marriage he proceeded to Canada with the promise that he will claim spouse visa therefrom but he did not the same. Fortunately my daughter went to Canada on study visa of seven months, now he has informed to her that he want to divorce my daughter and again remarry another girl in Pakistan and spouse visa will be claim for that very girl. Is there any provision in the rule to stop him from second marriage?
    And if unfortunately he has got married with that very girl during (April, 2017) the stay in Dubai then what action will be initiated against them under family rules ? (because he did this marriage without permission of first wife)

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  2. I was married in Jan 2016 after 3,4 month we feel that we can not continue this marriage . so i ask her its better that we take a decision of divorce but she went back to her parents home and not came back.if i give her divorce now should i face any problem.I already paid dower .we don,t have any baby

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  3. I got married two years ago and my ex wife left Pakistan seven months ago. I have told her that I don’t want to continue this marriage further. I sent the divorce by post office service on 9th of May which she will get it soon and I sent scan divorce through email which I can show the proof as well, but they wanted Khula after few days and wanted to finish this marriage. They haven’t given me Nikkah Nama and took all the information before. In this matter do you think that I could face any problem. I told each and everything to them without any hindrance after that they are saying that I am fraud. I don’t know from girls side they claimed money which is Haq mahar. Please guide me in this matter.

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    • its better you had a divorce before you enter into a second marriage.
      if they file khula, in that case you must reply that you have already divorced the lady.

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