Second marriage without permission

If the first wife does not have permission, the husband can secretly marry a second wife? what’s the procedure for second marriage without wife’s permission?

ANSWER:

Thank you for your query.

Under the Muslim Family Laws Ordinance, 1961 (applicable in Pakistan), a husband is required to obtain prior written permission from the Arbitration Council before contracting a second marriage, even if Islamic law generally permits polygamy under certain conditions.

Legal Requirements:

As per Section 6 of the Muslim Family Laws Ordinance, 1961:

• A man must submit a written application to the Union Council, stating valid reasons for the proposed second marriage.

• The Union Council then constitutes an Arbitration Council, which includes a representative from each spouse.

• The consent of the first wife is not strictly mandatory, but her opinion is considered during the council proceedings.

• If the council finds the reasons valid and just, it may grant permission.

If the Husband Marries Without Permission:

• If a husband marries a second wife without the required permission, the second marriage will not be invalid under Islamic law, but the husband will be liable to criminal prosecution under Section 6(5) of the Ordinance.

• Punishment may include imprisonment up to one year, a fine up to Rs. 500,000, or both.

• Additionally, the first wife may file a complaint and also seek divorce or other relief through the Family Court.

Conclusion:

No, a man cannot legally contract a second marriage in Pakistan without fulfilling the legal procedure, which includes applying for permission through the Union Council. A secret second marriage without permission is punishable under Pakistani law.

Should you require legal assistance for marriage registration, Union Council proceedings, or representation before the Arbitration Council or Family Court, Pak-Lawyer Associates can provide full support.