Court Permission for Second Marriage in Pakistan?

 

Court Permission for Second Marriage in Pakistan

In Permission of Second Marriage in Pakistan is governed primarily by Islamic law and codified under statutes such as the Muslim Family Laws Ordinance, 1961. While Islam allows a man to have up to four wives at a time under specific conditions, Pakistani law places legal checks on this right to prevent misuse and to protect the rights of existing spouses. One of the most important legal requirements in this context is obtaining court or Union Council permission for contracting a second marriage. Failure to follow this procedure can result in penalties and even imprisonment.

This article explains the legal process, requirements, and consequences of obtaining (or not obtaining) court permission for a second marriage in Pakistan.

Legal Basis: Muslim Family Laws Ordinance, 1961

The Muslim Family Laws Ordinance, 1961, particularly Section 6, governs the law regarding polygamy. It stipulates that a man must obtain prior written permission from the Arbitration Council (through the Union Council) before contracting a second or subsequent marriage. The Ordinance aims to ensure fairness, justice, and the protection of women's rights in a polygamous setting.

Section 6(1) of the Ordinance:

"No man, during the subsistence of an existing marriage, shall, except with the prior permission in writing of the Arbitration Council, contract another marriage..."

Step-by-Step Process to Obtain Permission for Second Marriage

1. Application to Union Council

The husband must submit a written application to the Chairman of the Union Council in the locality where he resides. This application should include:

  • A clear reason for seeking a second marriage.

  • Details of the first wife (or wives).

  • A statement of consent, if obtained, from the first wife.

The application must be accompanied by a prescribed fee and basic identity documents.

2. Formation of Arbitration Council

Upon receiving the application, the Chairman will form an Arbitration Council. This council typically includes:

  • The Chairman himself.

  • A representative of the husband.

  • A representative of the existing wife (usually a family elder or legal representative).

The council is responsible for reviewing the matter and making a decision based on justice and fairness.



3. Hearing and Consideration

The Arbitration Council conducts a hearing to assess:

  • The necessity or justification for the second marriage (such as infertility, chronic illness, etc.).

  • The welfare of the existing wife and children.

  • Whether the husband has the financial and emotional capacity to maintain more than one wife equally.

  • Any objections raised by the existing wife.

The Council may also provide opportunities for reconciliation or mediation between the parties.

4. Decision of the Arbitration Council

After hearing both sides, the Arbitration Council will issue a decision. If permission is granted, the Council will issue a written certificate of permission for the second marriage.

If the Council rejects the request, the man cannot legally proceed with the second marriage unless he files an appeal before a Family Court to challenge the Council’s decision.

Consequences of Not Obtaining Permission

Legal Penalties

If a man contracts a second marriage without the prior written permission of the Arbitration Council, he is committing an offense under Pakistani law.

According to Section 6(5) of the Muslim Family Laws Ordinance:

"A person who contravenes the provisions... shall:

  • Pay the entire dower (haq mehr) immediately to the existing wife.

  • Be liable to imprisonment of up to one year, or

  • Pay a fine up to Rs. 500,000, or

  • Face both imprisonment and fine."

Impact on Marriage Validity

The second marriage is not declared void, but it is illegal due to non-compliance with legal procedures. This means:

  • The marriage remains valid under Islamic law.

  • However, the husband faces civil and criminal penalties.

  • The first wife can file a criminal complaint and seek relief through the Family Court.

Rights of the First Wife

The first wife has several legal rights if her husband marries again without permission:

  • Criminal complaint: She can file a complaint against her husband for marrying without legal consent.

  • Right to divorce: If the Nikahnama contains a clause that allows her to divorce in case of a second marriage, she can initiate proceedings.

  • Financial relief: She can claim maintenance and full dower immediately.

Court Intervention and Appeals

If the Union Council rejects a man’s application for a second marriage, he may approach the Family Court for review. The court will examine:

  • Whether the refusal was lawful and justified.

  • Whether the husband’s grounds for second marriage are genuine.

  • Whether all legal procedures were followed.

If the court finds merit in the husband’s appeal, it may override the Union Council’s decision and allow the second marriage.

Exceptions and Special Cases

There are some exceptions where the courts have permitted a second marriage without Union Council permission, Permission for Second Marriage in Lahore  particularly in cases where:

  • The first wife had abandoned the marriage or was missing.

  • There were exceptional circumstances such as long-term illness.
    However, such cases are rare and judged strictly on a case-by-case basis.

Conclusion

While Islam permits polygamy, Pakistani law enforces strict legal requirements to prevent injustice, especially towards existing wives. Obtaining permission from the Union Council is not just a formality—it is a legal obligation. Failure to follow this process can lead to severe legal consequences, including imprisonment, fines, and damage to familial relationships.

It is essential for men considering a second marriage in Pakistan to fully understand the legal requirements, obtain necessary permissions, and ensure transparency and fairness to all parties involved. The law aims to balance Islamic principles with social justice, protecting the dignity and rights of women within the institution of marriage.

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