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.’

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

  1. My brother’s wife is in coma condition from the last 2 years. And all doctors Lost all hope about her getting better, or in case if she recovers, then still she will not be a mentally healthy person again because of her dead brain cells. In this case can my brother do 2nd mrriage without his first wife’s permission? because she is in totally vegetative state of mind and completely unconscious and bed ridden. Her family members are threatening us that they will file a case on my brother if he will do 2nd marriage in the presence if first wife. Please help us with ur advice

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    • if the 1st wife does not give permission of 2nd marriage the husband may ally to the concerned arbitration council by stating the reasons for the proposed 2nd marriage and after proceedings if the arbitration council satisfied that the proposed marriage is necessary and just, it will grant the permission of second marriage.
      the reason mentioned by you are very strong for getting permission of 2nd marriage

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  2. AOA. What if women leave the house and put demands which can not be full filed by the husband. and through a case against the husband and put demands for reunion and what if those demands can not be full filed like.( monthly stipend more than income of husband and new house or property on her name.) in that state husband has right for 2nd marriage??

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    • if the wife are not joining the husband and not performing her matrimonial obligations, then the husband may apply to the arbitration council for permission to 2nd marriage

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  3. I live in England and my husband went to pakistan and got married we have 4 children although we lived in separate homes we still had an intimate relationship and I’m now living with him as a wife i need to know where i stand

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      • my wife left me on March 3, 2013 and filed a suit for maintenance for herself and three children which I have been paying as interim maintenance @ Rs 21000 p.m. whereas her application claiming maintenance for herself was rejected by the Judge. Moreover, I am also paying additional money to my kids. we lived as husband and wife for 18 and half years. My wife does not want divorce but just separation. Can I remarry without seeking permission from her

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