Legal Services for Overseas Pakistani
Understanding Second Marriage Laws in Pakistan
At Faisal Basit Sheikh & Co. – LLP, we specialize in providing expert legal guidance and representation for matters related to second marriages under Pakistani law. In Pakistan, second marriages are governed by the Muslim Family Laws Ordinance, 1961, which stipulates specific conditions and procedures that must be followed to ensure compliance with legal and Islamic principles.
Is Polygamy Legal in Pakistan?
Yes, polygamy is permissible in Pakistan under Islamic law, provided it adheres to strict conditions. Section 6 of the Muslim Family Laws Ordinance, 1961, mandates that a man seeking to marry a second wife must obtain written permission from the Arbitration Council, ensuring fairness and justice in the process.
What Is the Punishment for a Second Marriage Without Permission?
If a man contracts a second marriage without obtaining prior written approval from the Union Council, he may face the following consequences:
- Immediate payment of the full dower (deferred and prompt) to the first wife.
- Punishment of up to one year of simple imprisonment, a fine of up to PKR 5,000, or both.
Can a Husband Marry a Second Wife Without Permission?
No. While Islamic law allows multiple marriages, Pakistani law ensures that the first wife’s rights are protected. A husband cannot legally marry a second wife without:
- Permission from the Arbitration Council.
- Notification to the first wife, explaining the reasons for the intended second marriage.
Failure to comply with these requirements renders the marriage unregistered and subjects the husband to legal action.
How to Get Permission for a Second Marriage in Pakistan?
Seeking permission for a second marriage involves a structured process:
Step 1: Application Submission
- File an application with the Union Council where the first wife resides.
- Provide supporting documents, including the marriage certificate and a detailed explanation for the proposed second marriage.
Step 2: Arbitration Council Hearing
- The Council will summon the husband, first wife, and their representatives for a hearing.
- Both parties can present their cases. The Council evaluates the necessity and fairness of the second marriage.
Step 3: Permission Issuance
- If justified, the Council issues written permission for the second marriage.
- If the wife does not appear despite receiving notices, the Council may proceed in her absence.
Factors Considered by the Arbitration Council
The Arbitration Council evaluates several aspects when deciding on second marriage applications:
- Validity of Grounds: Justification for seeking a second marriage.
- Impact on First Marriage: Emotional and legal implications for the first wife.
- Well-Being of All Parties: Welfare of all involved, including children.
- Compliance with Legal Requirements: Submission of complete and accurate documentation.
Our Legal Services
At Faisal Basit Sheikh & Co. – LLP, we offer a comprehensive range of legal services tailored to address second marriage-related matters
Legal Consultation
Our experienced family lawyers provide initial legal advice at no cost. Whether you're facing disputes as a husband or wife, we ensure you understand your legal options.
Filing Complaints
If your husband has entered into a second marriage without following legal procedures, we can file a complaint on your behalf to safeguard your rights.
Defense Representation
If you're a husband facing allegations of an unlawful second marriage, our team provides robust legal defense to protect you from penalties.
Permission Application Assistance
We assist in preparing and filing applications for second marriage permissions with the Union Council, ensuring compliance with all legal requirements.
Litigation and Dispute Resolution
Our lawyers handle second marriage disputes both in and out of court, striving for amicable resolutions wherever possible.
Get in touch today
Navigating second marriage laws in Pakistan requires a deep understanding of legal and Islamic principles. At Faisal Basit Sheikh & Co. – LLP, we provide compassionate and professional legal support to help you protect your rights.
Schedule a consultation or request a quote for our legal services. Let us guide you through the process with integrity and dedication.