PERMISSION OF SECOND MARRIAGE IN PAKISTANMuslim Husband under Islamic laws can have four marriages at one time. Contracting second marriage during subsistence of first marriage is commonly known as “Polygamy”. Polygamy is a legal right of Muslim husband in Pakistan.
Legal right to enter into polygamy is protected under Section 6 of the Muslim Family Law Ordinance, 1961. However, under the law of Polygamy in Pakistan, Muslim Husband is required to obtain permission from First Wife, to contract second marriage. Before 2015, it was not mandatory for the Husband to obtain permission from First Wife before going for polygamy. In year 2015, by virtue of introducing Muslim Family Law (Amendment) Act, 2015, Government of Pakistan introduced sub-clause (b) to Section 6(5) of the Muslim Family Law Ordinance, 1961. Under this law, First Wife has been given legal right to initiate criminal complaint against husband for contracting second marriage without permission of first wife. Punishment of 1 year punishment together with 5 Lakh Rupee can be given to defaulting husband, if first wife proves in her complaint that husband has entered into second marriage without her prior permission.
Can Husband Contract Second Marriage Where First Wife Refuse Permission To Husband?YES, where First Wife refuses to allow permission to Husband to contract second marriage. Application can be given by husband to Union Council for allowing him permission to contract second marriage. Can Union Council Refuse To Give Permission To Husband To Contract Second Marriage? YES, Union Council is mandated under the law to examine the facts and circumstances under which husband is contracting second marriage. Only where the Union Council deems that second marriage is necessary and just, can allow husband to contract second marriage.
What Are The Grounds For Husband To Obtain Permission for Second Marriage from Union Council?It is hardly witnessed in our society that First wife give permission to husband to contract second marriage. If husband deems that it is necessary to enter into second marriage, he can give application to Union Council to allow him permission for Polygamy. Under the law, only where Chairman Union Council is satisfied that Second Marriage is necessary and just may allow husband permission to contract second marriage. Husband is therefore, required to provide the reasons in his application that render it necessary for him to contract Second Marriage.
Some of the Grounds where Permission for Second Marriage is allowed are as follow:
• Wife unable to give birth to baby (Sterility)
• First Wife not performing her conjugal obligation
• First wife has become Physically or mental unfit to perform matrimonial obligation
• Husband is financially sound to maintain both wives and not defaulted in performing maintenance to first wife.
• Any other reason that make it necessary for husband to contract second marriage
Expert teams of lawyers at Khadija Law Associates have great deal of experience in marriage laws. In case if you are a husband seeking to file application for permission with Union Council to allow you permission for Second marriage, all you need to do is to engage our legal services. We will take care of the entire process and get the permission certificate for you in no time.
Documents Required for issuance of Permission for Second MarriageFollowing are the documents we require to apply and obtain permission for contracting second marriage in Pakistan:
• Copy of CNIC of Husband
• Copy of CNIC of First Wife
• Copy of CNIC of proposed Wife
• Copy of Nikahnama or Marriage Certificate issued by NADRA