Permission of second marriage in Pakistan

Permission of Second Marriage In Pakistan.

Getting Permission for second marriage in Pakistan. According to muslim laws in Pakistan, a man can have four marriages. But the rights of first wife should not be ignored. It is not a complicated procedure. If the first wife refuses to give permission for second marriage. The husband can apply for permission in the union council according to the second marriage laws in Pakistan. Besides, there should be solid grounds for second marriage. In conclusion, the union council can help in giving permission for second marriage in Pakistan.

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What is Polygamy in Pakistan?

In Pakistan, if a husband is married to more than one wife at a time, it’s called Polygamy. Moreover, sociologists call this polygamy 

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Grounds on which husband can get second marriage permission from union council.

Most importantly, the first wife never gives permission of second marriage in most circumstances. Under second marriage laws in Pakistan. The chairman of the union council has to see the reason for permission. In considering whether another proposed marriage is necessary during the existing marriage. 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. Furthermore, insanity on the part of an existing wife. Above all, if the husband already filed suit for conjugal rights ( Bazoo Dawa) and got a decree in his favor. Then he can get permission from the union council. 

Without Permission, no man can contract second marriage in Pakistan.

During the subsistence of an existing marriage. A man can not contract another marriage. Except with the previous permission of the Arbitration Council. According to the Muslim Family Laws Ordinance, 1961. Second marriage laws in Pakistan are related to polygamy. 

How to get permission for second marriage in Pakistan.

Most people ask questions about second marriage laws in Pakistan. Moreover, how to get permission for second marriage in Pakistan. According to the  Muslim Family Laws Ordinance. Feel free to contact us with complete privacy and confidence. 

Impact on second marriage without permission.

According to Sharia law. There is no need for permission of the first wife. But in Pakistan, If a man does not get permission from his wife and the union council. He is punished under the law of the land. However, his second marriage will remain valid.

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. Moreover, 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.

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Punishment for Husband, if he marries another woman without getting Permission of second marriage.

If a husband marries another woman without getting permission for second marriage in Pakistan. Either from the first wife or from the union council. A punishment of one year and a fine of Rupees of five hundred thousand could be imposed.

Moreover, 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. Furthermore, 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 a national identity card. And second marriage laws in Pakistan do not apply to foreigners. The second marriage laws in Pakistan apply to citizens of Pakistan. Besides, their current country or place of stay.

Case law on Second Marriage.

 

In the second marriage law in Pakistan. The Honorable Lahore High Court’s Judgment. Declares that permission from the arbitration council is sufficient for contracting a second marriage in the presence of the 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. Moreover, which was the only requirement of second marriage laws.

The 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. Therefore, her petition was dismissed accordingly.

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233 thoughts on “Permission of Second Marriage In Pakistan.”

  1. Dear Sir,
    Asalam o Alaikum.Meri wife 1 year se naraz ho kr maekay gai hui hai boht koshish K bawjood wo nai a rhi maine Abadkari ka dawa b dayer kiya mgr phir b wo paish nai hui main boht preshan hun please meri rehnumai kray k main bay ra rawi ka shikar na ho jaun.muje physically ground pr rehnumai Frmayen.
    Thanks

    1. Aap us dawa ki copy apny as rakho.aur aecond marriage kr lo.aap k liye wohi certificate hay.

    2. You have done something wrong with her so she isn’t coming back.
      Rozana Toba k 2,2 kr k 4 nafal prhain.Rab.e.kareem we muafi mango or ainda tang nhi krna. Allah us k dil mai rehm daal dy ga Inshallah.
      Waldain se elehda rkho. Sirf mian biwi.
      No one else.
      Ghr bs jay ga.

      1. Dears koi muje bta sakta hy me 2nd marriage krna chatha ho 1st wife ny muje ijazat dydi hy lykin 2nd wife ko nai pata meri 1st wife hy kya aisy shadi hoskti hy Ya 2nd wife ko btyega court phly kuch. btadijye

        1. Yes you need to tell to both before doing second nikah. If you’ll not tell the second woman it means you are betraying her. ( Dhoka de rahe )

    3. My husband got married to his cousin last week in Pakistan. We live in U.K. I told him to do this if that’s what he must do but of course I’m not happy about it. I am a British citizen and he is Pakistani. I never gave him written permission and he didn’t ask for it. Is this right?

  2. Its been a year since i am married Alhamdulilah. But can i add a new clause to my nikkah nama NOW that my husband cant re marry till im in his nikkah?

  3. Hello Sir, I got married around 10 years ago, Have no kids till now. Can I go legally for 2nd marriage based on above mentioned scenario. Moreover my wife will not be agreed for 2nd marriage. Kindly guide.