In Pakistan, the permission for a second marriage is regulated by the Muslim Family Laws Ordinance of 1961. According to this law, a man is allowed to enter into a second marriage, subject to the compliance of certain conditions;

Firstly, a husband must obtain written permission from the Union Council where wife is residing. Union Council is a body established under the law. The council evaluates the circumstances and reasons for the second marriage and determines whether it is justified.

Secondly, a husband must notify his first wife about his intention to enter into a second marriage. This notification is required to be made in writing and must be delivered to the first wife within the specified time frame.

How to get permission for second marriage in Pakistan?

Seeking written permission from the Chairman of Union Council for second marriage in Pakistan is mandatory in view of Section 06 of Muslim Family Law Ordinance. Here are the steps and a legal process for second marriage in pakistan;

Step 1 – Step one is to gather the necessary documents. You’ll need to provide your National Identity Card (NIC), Written Application, First Marriage Registration Certificate / Nikkahnama, Address of Wife, and other valid identification, along with supporting documents that explain the reasons for your second marriage.

Step 2 – After compiling the documents, you’ll need to submit the file in the relevant office of Union Council or local government in whose jurisdiction first wife is residing.

Step 3 – Fill out the forms completely and accurately. Make sure to provide all the required information and any supporting details about your first marriage and the reasons for seeking a second marriage.

Step 4 – After completing the forms, submit them to the Union Council or local government office. They will review your application and schedule a hearing with the Arbitration Council.

Step 5 – Notices shall be issued at the given address of the first wife who needs to appear on the date of hearing. It is important to note here that appearance of first wife is mandatory if she refuses to appear after receiving the notices, the Chairman of Union Council shall proceed in her absence.

Step 6 – During the hearing, you will have an opportunity to explain your reasons for seeking a second marriage. The council will evaluate circumstances and consider the impact on your existing marriage and the well-being of all parties involved. If first wife objects the application, she would then need to provide justification.

Step 7 – If the council grants permission for the second marriage, they will issue a written permission document under the seal of Chairman of Union Council.

What factors does the Arbitration Council consider when evaluating second marriage application?

While initiating a second marriage process, the Arbitration Council considers various factors, including:

Grounds for seeking a second marriage: The council will assess the validity of the grounds mentioned in the application and determine if they are legitimate and justifiable.

Impact on the existing marriage: The council will consider the legal consequences of the second marriage on the first marriage, including the emotional well-being and rights of the existing spouse.

Well-being of all parties involved: The council will take into consideration the welfare of the individuals seeking the second marriage, as well as any children or dependents affected by the decision.

Legal requirements: The council will ensure that all legal requirements are met, such as the submission of necessary documents and compliance with applicable laws and regulations.

Union Council Permission for Second Marriage

Union Council permission for a second marriage is a mandatory requirement. In Pakistan, the Union Council is a local government body responsible for various administrative tasks at the community level. When it comes to second marriages, the Union Council plays a role in ensuring that the marriage is conducted legally and in accordance with the Pakistani laws.

A plain reading of the Muslims Family Laws Ordinance, 1961 read with the Rules thereunder shows that it extends to the whole of Pakistan and applies to all Muslim citizens of Pakistan. A husband who intends to contract another marriage during the subsistence of an existing marriage has to observe the procedure and fulfill the conditions prescribed by the legislature otherwise the consequences of imprisonment or fine or both could ensue.  The factors required to be taken into consideration by the Arbitration Council in granting permission for contracting a subsequent marriage have been prescribed in sub-sections (2), (3) and (4) of Section 6 of the Muslim Family Law Ordinance of 1961.  The consequence for contracting another marriage in contravention are prescribed under subsection (5) of Section 6. The Arbitration Council cannot act mechanically while granting permission, because the law has declared that before doing so it had to be satisfied that such permission would be just and necessary.  A husband who contracts another marriage during the subsistence of an earlier one in contravention of the provisions of the law would definitely face the legal consequences of imprisonment or fine or to both.

To obtain Union Council permission for a second marriage in Pakistan, you would need to follow these steps:

1. Submit an application: You would need to visit the Union Council office and submit an application for permission to remarry. The application form can be obtained from the office or may be available online.
2. Provide required documents: Along with the application, you would need to provide certain documents such as a copy of your divorce decree or death certificate of the former spouse, your identification documents, and any other documents specified by the Union Council.
3. Verification process: The Union Council will review your application and documents to verify their authenticity. They may also conduct inquiries or interviews to ensure that the second marriage is being entered into willingly and legally.
4. Permission granted: If everything is in order and the Union Council is satisfied with the application, they will grant permission for the second marriage. This permission is usually provided in the form of a written document or a certificate.

Permission of First Wife for Second Marriage in Pakistan

Although section 06 of Muslim Family Law Ordinance, 1961 stipulates the condition of permission from Union Council but not specifically from wife. It means consent of wife is required under certain circumstance if husband has no justification of contracting second marriage.

It is important to note here that under Islamic law, contracting a second marriage is not restricted however it requires certain conditions to be fulfilled. Islam emphasizes that if husband intends to contract a second marriage, he should assure the financial balance between all the wives and he is under obligation to pay dower as well as maintenance to the first wife.

Furthermore, following are the circumstances where permission from first wife is not required;

• When wife failed to perform her matrimonial obligations
• When wife is unable to give birth of children under medical problems
• When wife is disable and incapable to perform her duties as a wife

If husband no such ground as mentioned above then he would need permission from his first wife.

During the hearing, the first wife has the opportunity to raise her concerns, express her preferences, and negotiate any conditions she deems necessary for her consent. This can include financial arrangements, division of time and attention between the wives, and other matters that are important to her.

The Muslim Family Law Ordinance of 1961 is an important piece of legislation that governs various aspects of family laws, including marriage, divorce, polygamy and maintenance.

Under this law, the requirements and procedures for second marriages are mentioned. It stresses the importance of obtaining the permission of the Chairman of Union Council before entering into a second marriage. This requirement aims to ensure fairness, transparency, and the protection of the rights of all parties.

Section 6 of the Ordinance seeks to prevent injustice being done then it conforms to Islamic injunctions as the said section is reformative and corrective in nature and for measures for prevention of injustice to the existing wife or wives. Arbitration Council is not empowered to make unlawful anything declared lawful by Islam. Nevertheless, the polygamy in Islam is no more or no less than that of a permissible act and has never been considered a command and therefore like any other matter made lawful in principle may become forbidden if it involves unlawful things or leads to unlawful consequences such as injustice.

Section 6 of the Muslim Family Laws Ordinance, 1961 is in consonance with the injunctions of Islam. The said provisions do not place any restriction to contract a second marriage, rather it only relates to seeking permission before entering into a second marriage in order to regulate the structure of society as a whole. Any deviation from the said provision might ensue a number of issues which would frustrate the fabric of relationship within society.

Subsection 1 of Section 6, of the Muslim Family Law Ordinance of 1961 in Pakistan states that no husband can enter into a second marriage while his first marriage is still valid, unless he has obtained written permission from the Chairman of the Union Council. This means that if a husband wants to marry again while he is already married, he must get the approval of the Union/Arbitration Council. Without this permission, any second marriage that takes place will not be recognized or registered under the ordinance. The purpose of this provision is to ensure that the process of entering into a second marriage is regulated and that the rights and interests of all the parties involved are protected. It emphasizes the importance of obtaining consent and following the proper legal procedures.

Legal Process for Second Marriage

Subsection 2 of Section 6 of the Muslim Family Law Ordinance of 1961 explains the process for obtaining permission for a second marriage. If a husband wants to marry again, he must submit an application to the chairman of the Arbitration Council. The application should be filled out in the prescribed manner and should include the required fee. In the application, a husband needs to state the reasons for the proposed marriage. Additionally, he must indicate whether he has obtained the consent of his existing wife for the second marriage or not. This provision ensures that the process of seeking permission is formalized and that the relevant information is provided to the council.

Subsection 3 of Section 6 states that once the application for permission for a second marriage is received by the chairman, they will ask the applicant and their existing wife to each nominate a representative.  The Arbitration Council will then be formed with these representatives, and they will review the application. If the council is satisfied that the proposed second marriage is necessary and just, they can grant permission for it. However, they may also impose certain conditions that they deem appropriate. Basically, this provision ensures that the decision-making process involves representatives from both the applicant and the existing wife. The council carefully considers the circumstances and reasons behind the proposed marriage before granting permission, with the goal of ensuring fairness and justice.

Appeal Against Order of the Chairman

Subsection 4 of Section 6 states that when the Arbitration Council is making a decision on the application for permission, they must record the reasons for their decision.  If any party involved is not satisfied with the council’s decision, they have the option to file an application for revision. This application must be submitted in the prescribed manner, within the prescribed period, and upon payment of the prescribed fee. The application for revision should be made to the collector who is responsible for the area. Once the collector makes a decision on the revision application, that decision is considered final and cannot be challenged in any court. So, this provision ensures that the decision-making process is transparent, and if anyone disagrees with the council’s decision, they have the opportunity to seek a revision. However, the final decision made by the collector is binding and cannot be questioned in a court of law.

Punishment for Second Marriage Without Divorce in Pakistan

Subsection 5 of Section 6 has two parts.

Clause (a) states that if a man decides to contract another marriage without obtaining the permission of the Arbitration Council, he must immediately pay the entire amount of the dower (whether it’s a prompt payment or deferred payment) that is due to his existing wife or wives. If he fails to make this payment, the amount can be recovered as areas of the land revenue.

Clause (b) states that if someone is found guilty of contracting another marriage without permission, they can be punished in two ways. They may face simple imprisonment for up to one year, or they may be fined up to five thousand rupees, or both. But according to the Punjab Amendment of 2015 in clause (b) of the Subsection 5, amount of fine has been increased up to Rs. Five Lac.

Appeal against Conviction

There is no cavil to the proposition that the complaint is filed under the special law i.e Muslim Family Laws Ordinance 1961 where no statutory provision is provided with regard to the right of appeal and such right cannot be supplemented by application since it is settled law that right of appeal cannot be availed unless it is conferred in a clear manner by some enactment or statute or the rules having the sanctity of some law.

Such right is to be specifically provided for and the same cannot arise by implication. Right of appeal is not a mere matter of procedure but is a vested right of a party from the commencement of the action in the court of first instance. Parties by agreement cannot confer jurisdiction upon a Court.

Right of an appeal depends upon the language as used in the statute and if the words of statute have precise and ordinary meaning. Order passed by any court irrespective of the fact whether it is an ordinary criminal court or Accountability statute. Right of appeal cannot be assumed unless expressly given by the statute.