Permission of Second Marriage In Pakistan.

Permission of second marriage in Pakistan can get from Union council. It is a complicated procedure mostly first wife refused to give permission. Even if wife is not agreed to give permission for second marriage. Husband can apply for permission in the union council according to the second marriage laws in pakistan. But there should be solid grounds for second marriage then union council can give permission to husband for second marriage in Pakistan.

How to get permission of second marriage in Pakistan

Mostly people asked these questions of second marriage laws in Pakistan and how to get permission of second marriage in Pakistan. According to the  Muslim Family Laws Ordinance for getting permission in Pakistan you have to file An application.

Second marriage laws in Pakistan.

THE MUSLIM FAMILY LAWS ORDINANCE 1961(VIII of 1961) Section 6 Sub-section (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.

Section (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.

Section(3) On receipt of the application under sub-section (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 for permission of second marriage 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.

On which grounds husband can get second marriage permission from union council.

Most of time first wife never give second marriage permission in any circumstances. Under second marriage laws in pakistan the chairman of union council have to see the reason for permission.

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 reasons.

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.

If husband already filed suite for conjugal rights ( Bazoo Dawa) and got decree from in his favor then he can get permission from union council.

Punishment for Husband if he marry an other women  without getting Permission of second marriage.

If a husband marry another women without getting permission of second marriage in Pakistan. Either from first wife or from union council he will get punishment of one year and as well fine of Rupees of five hundred thousand.

The Muslim Family Laws Ordinance, 1961 states that a man is required to submit written permission from his first wife. If he wishes to marry another woman. If a man is found guilty of violating the law, then he may be imprisoned for a year.

Section (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 and with fine of five hundred thousand rupees.

Muslim Family Laws Ordinance 1961 laws are applicable to the person who possesses the national identity card. And second marriage law in Pakistan are not apply on foreigners. The second marriage laws in pakistan are only apply citizen of pakistan even where ever live in this world.

what does impact on second marriage without out permission

According to Sharia law there is no need to seek permission of the first wife. But in Pakistan If a man does not seek permission from his wife and the union council before remarrying. He be punished under the law of the land, but his second marriage will remain valid.

Without Permission no man can contract second marriage in Pakistan

During the subsistence of an existing marriage, no man shall contract another marriage except with the previous permission in writing of the Arbitration Council. According to  the Muslim Family Laws Ordinance, 1961 second marriage laws in pakistan related to polygamy.

What is Polygamy in Pakistan

In Pakistan when a husband  is married to more than one wife at a time, its called Polygamy and sociologists call this polygyny 

Case law on Second Marriage.

In second marriage law in pakistan the Honorable Lahore High Court Judgment. Declares that permission from arbitration council is sufficient for contracting a second marriage in the presence of first wife.

Citation Name : 2010 PCrLJ 950 LAHORE-HIGH-COURT-LAHORE
Side Appellant : SHAMIM MAI
Side Opponent : ALLAH DITTA
S.6(5)—Criminal Procedure Code (V of 1898), S.417(2)—Special leave to appeal against acquittal.
Trial Court had acquitted the accused under S.249-A, Cr.P.C. of the charge under S.6(5) of the Muslim Family Laws Ordinance, 1961. Arbitration Council of the. Union Council concerned had permitted the accused for second marriage, which was the only requirement of second marriage laws.
Impugned judgment dismissing the private complaint of the complainant was based on cogent and convincing reasons. Accused after his acquittal by trial Court had assumed double innocence. Special leave to appeal was refused to the complainant in circumstances and her petition was dismissed accordingly.

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