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Hire Our Best Lawyer for Second Marriage Disputes in PakistanSecond Marriage Law in Pakistan | Best Polygamy Lawyer in Islamabad

Second Marriage in Pakistan

Is polygamy legal in Pakistan?

What is the punishment for a second marriage in Pakistan?

Can a husband marry second wife without permission?

How to get permission for second marriage in Pakistan?

Before we proceed to answer these questions, it would be more appropriate to reproduce Section 6 of the Muslim Family Law Ordinance which deals with the second marriage permission from Arbitration Council.

Second Marriage Law in Pakistan

Section 06 of Muslim Family Law Ordinance, Polygamy.

  • 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.
  • An application for permission under subsection (1) shall be submitted to the Chairman in the prescribed manner, together with the prescribed fee and shall state the reasons for the proposed marriage, and whether the consent of the existing wife or wives has been obtained thereto.
  • On receipt of application under subsection (2) the 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 conditions, if any, as may be deemed fit, the permission applied for.
  • 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.
  • Any man who contracts another marriage without the permission of the Arbitration Council shall:
  • Pay immediately the entire amount of 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
  • On conviction upon complaint be punishable with simple imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both.” Validity of section 6 in Islamic Perspective:

A common question is being asked now a days that whether S.6 of Muslim Family Laws Ordinance, 1961 was against the Injunctions of Islam?

The Federal Shariat Court held the case titled as ALLAH RAKHA Vs. FEDERATION OF PAKISTAN reffered as “PLD 2000 Federal Shariat Court 1” that the provisions of section 6 does not violate any of the injunctions of Islam. The Federal Shariat Court observed that the third verse of surah an-nisa (wherein reference is made to polygamy) itself prescribes the precondition of (justice):

“…the very Ayat which gives this permission also prescribes a condition of ( ) and the Holy Qur’an has laid emphasis in the same verse on the gravity and hardship of the condition which Allah Himself says is very difficult to be fulfilled.

Now section 6 of the Ordinance as framed, in no manner places any prohibition on having more than one wife. It only requires that the condition of ( ) prescribed by the Holy Qur’an itself should be satisfied by the male who wants to have more than one wife. The provision for constituting an Arbitration Council, therefore, cannot in itself be said to be violative of Injunctions of Qur’an as only a procedure has been prescribed how the Quranic Verse will be observed in its totality with reference to the condition of ( ) placed in the Verse itself.”

The Federal Shariat Court also considered the components of a nikah (marriage in Islam), the rights and obligations of a husband and wife, the love and affection between them and how disputes could arise if the husband were to take another wife:
“…[nikah] is a social contract of very high status and conjoins a couple and the spouses in a sacred association, with mutual rights and obligations, to be performed in a spirit of love and affection that should last life long, as envisaged by Ayat No. 21 of Surah No. 30, Ayah No.228 of Sura Baqara and Ayah No. 19 of Surah-e-Nisa. Therefore, anything, big or small, that may provide a cause for a breach in mutual love and trust is viewed seriously by Islamic Injunctions.

In such situations the Holy Qur’an enjoins upon all Muslims to take appropriate measures to save this sacred union from disruption. Reference in this connection may be made to Verse No. 35 of Surah Al-Nisa, already reproduced hereinabove. Since one of the reasons for such disputes may be the intention of the husband to contract a subsequent marriage of his choice… .”

Concealment by a husband of his previous marriage(s) or contracting another marriage with callous disregard of his wife may disrupt the love, tranquility and mercy ordained by Allah Almighty; “affection” is amongst the favours bestowed by the Almighty for which we need to “give thanks” (verse 78 of surah 16 an-nahl).

The magnitude of this affection is immeasurable; “He hath put affection between their hearts: not if thou hadst spent all that is in the earth, couldst thou have produced that affection, but Allah hath done it” (verse 63 of surah 8 Al-anfal).

Words of Almighty Allah constitute the verses of the Holy Quran and as such are of immense importance to believers; every effort must be made to adhere to them. Almighty Allah directs believers “to study” the Quran and those that do “are the ones that believe therein” (verse 121 of surah 2 al-baqarah).

The Almighty states that to dwell with one’s spouse in tranquility, love and mercy is amongst His “Signs (ayah) for those who reflect (tafakkur)” (verse 21 of surah 30 ar-rum), and, “do not treat Allah’s Signs as a jest” (verse 231 of surah 2 al-baqarah).

Husbands are also required to “deal justly” with their wives and to “live with them [wives] on a footing of kindness and equity” (verses 3 and 19 respectively of surah 4 an-nisa).

If a husband, without his wife’s permission or in secret, takes another wife, Can his dealing with the first wife be categorized just or is he maintaining the footing of kindness and equity? After issuing the warning that wives must be dealt with justly, Almighty Allah wants, “to prevent you [husbands] from doing injustice” by prescribing that in such cases “then only one [wife]” (verse 3 of surah 4 an-nisa).

Legal Services on Second Marriage Disputes

Legal Consultation: Our family lawyers are experienced in handling family disputes and offer legal consultation with no cost initially. If you’re a wife or a husband facing family dispute with respect to second marriage, please contact us.

Filing Complaint: If you’re a wife and your husband has contracted a second marriage without your permission then you have a right to file a complaint against such violation of law.

Defense of Complaint: If you’re a husband and your wife has filed a complaint against you for contracting second marriage, then our family lawyers are there to present your defense in the court and struggle to protect you from imprisonment and fine.

Permission for Second Marriage: If you are intending to contract a second marriage and your wife is not granting you a permission then we can struggle on your behalf to get permission from the Chairman of Union Council so you may contract second marriage, as per law.

Litigation and Dispute Resolution: Our experienced family lawyers are onboard to proceed the second marriage disputes in the court and also offer legal services for dispute resolution amicably inside or outside the court.

Permission for Second Marriage in Pakistan

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.

Second Marriage Law in Pakistan

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.

Frequently Asked Questions

How to file a complaint against huband for contracting second marriage without permission?

How to File Complaint Against Huband for Contracting Second Marriage Without Permission?

To file a complaint against a husband for contracting a second marriage without permission in Pakistan, you need to follow these steps:

  1. Consultation & Documentation: It’s advisable to consult with our family dispute lawyers. We can guide you through the legal process and compile documentation and evidence that would be required in the court in support of your complaint. This includes complaint, your marriage certificate, second marriage Nikkahnama, photographs, messages, or any other relevant information.
  2. Filing of a complaint: After compiling the documentation, we would file the case before the Chairman of the Union Council who will analyze the case and prepare it report.
  3. Legal proceedings: After preparing the report, Chairman of the Council will forward the case to the Area Magistrate for initiation of criminal proceedings. This may involve hearings, evidence presentation, and testimonies. We will represent you throughout the process and fight for your rights.
  4. Court’s Decision: The court will review the evidence and arguments presented by both parties. They will then make a decision based on the applicable laws and regulations.
Who may file a complaint before the court against second marriage?

Who may File a Complaint before the Court against Second Marriage?

The ordinary stance in the society is that the court could not take cognizance of the offence on the complaint of the first wife if the Union Council would not itself complain to the court.  It is actually not correct because Rule 21 of the West Pakistan Muslim Family Law Rules [Punjab] made under the Muslim Family Laws Ordinance, 1961 required the submission of complaint by an “aggrieved party”.  Rule 21 reads as under;

“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 fact constituting the offence.”

Wife is clearly an aggrieved party and can send a written complaint to the Magistrate or through the Administrator, Union Council. The rule did not stipulate whether the complaint is to be submitted to the Court by the wife herself or it may be routed through the office of the Chairman or the Union Council. It would not be appropriate to impose any particular mode of submission of complaints in such regard.

Is polygamy legal in Pakistan for muslims?

Is Polygamy Legal in Pakistan for Muslims?

Yes, polygamy is legal in Pakistan for Muslims under certain conditions as mentioned under section 6 of Muslim Family Law Ordinance, 1961. According to Islamic law, a Muslim man can have up to four wives simultaneously, as long as he can provide for and treat them equally. However, it’s important to note that there are certain legal requirements and procedures that must be followed in order to contract a second marriage, such as obtaining permission from the Union Council. If a husband fails to comply with these requirements, it can be considered a violation of the law and he can be punished.

Can a husband marry second wife without permission?

Can a husband marry second wife without permission?

In Pakistan, a husband cannot contract a second marriage in Pakistan unless he follows a due procedure as mention in Muslim Family Law Ordinance. If he violates the provision of law, he would have to face legal consequences. According to the section 6 of Ordinance, a husband would need to obtain permission from the Chairman of Union Council by filing an application and Chairman would decide the same in accordance with the circumstances and law.

Is permission required for 2nd marriage in Pakistan?

Is permission required for 2nd marriage in Pakistan?

In Pakistan, permission from Union Council is required in view of subsection 2 and 3 of section 6 of the Ordinance. If husband fails to obtain permission, then his second marriage would have no effect in eyes of law nor his second marriage would be registered.

Can a man marry two wives legally in Pakistan?

Can a man marry two wives legally in Pakistan?

Yes, in Pakistan a husband can contract up to four marriages but the same is liable to be justified under the law.

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