SECOND WIFE, PERMISSION OF WIFE, PROCEDURE OF ARBITRATION COUNCIL IN CASE WITHOUT PERMISSION SECOND MARRIAGE, PUNISHMENT, APPLICATION OF PERMISSION

 

PROCEDURE OF ARBITRATION COUNCIL

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 Muslim Family Law Ordinance 1961.

APPLICATION FOR PERMISSION

An application for permission for second marriage shall be submitted to the Chairman in the prescribed

manner, together with prescribed fee and shall state the reasons for the proposed marriage, and

whether the consent of existing wives or wives has been obtained thereto.

PROCEDURE OF ARBITRATION COUNCIL

On receipt of the application, the Chairman shall ask the applicant and his existing 

wife or wives each to nominate a representative, and Arbitration Council so

constitute 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.

DUTY OF ARBITRATION COUNCIL

In deciding the application the Arbitration Council shall record 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.

PROCEDURE ON MARRIAGE WITHOUT PERMISSION

Any man who contracts a second marriage without the permission of the Arbitration Council

shall, 

(a) 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;

(b) On conviction upon complaint be punishable with simple imprisonment which may 

extend to one year and with a fine of five hundred thousand rupees.

ACCURATELY FILL ALL COLUMNS OF NIKHANAMA

The Nikah Registrar or the person who solemnizes a NIKAH shall accurately fill all columns

of Nikahnama form with specific answers of the bride or the bridegroom.

PUNISHMENT

If a person contravenes the provision, he shall be punished to simple imprisonment for

a term which may extend to one month and a fine of twenty-five thousand rupees        

  EXISTING MARRIAGE 

The expression "EXISTING MARRIAGE" stands to unqualify and would obviously 

cover the marriage of a Pakistani Muslim male with a Muslim non-citizen or even a 

non-Muslim lady, if it is recognized as valid by the laws of Pakistan.

Under Islamic Law contract of marriage needs not be proved by a written document.

If Nikah is not registered then either two witnesses can be produced in support of

the factum of Nikah or man and woman may together certify factum of marriage.

SECOND WIFE

A second wife is also an "AGGRIEVED PERSON" in terms of rule 21 of the rule framed under the W.P Muslim Family Law Ordinance.

Particularly where the factum of subsisting marriage was not disclosed by the husband. 

  SUPREME COURT OF PAKISTAN

The Supreme Court of Pakistan made it mandatory for a man to obtain consent from the first wife

or an Arbitration Council before marrying for the second time