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Second Marriage Law in Pakistan: What You Need to Know?

The first marriage law in Pakistan was enacted in 1959 and has since been reformed several times. The current Second marriage law in Pakistan came into effect on March 31, 2017. If you are considering getting married, it is crucial that you understand the new law and how it will affect you. This way, you can ensure that your rights are protected and your interests are represented if your marriage does end up in court. Here are some key facts about the 2nd marriage law in Pakistan that you need to be aware of. In Pakistan, polygamy is a legal practice for men only. The recent amendment to the law states that a man must obtain permission from his first wife before marrying again. He must also prove that he can financially support multiple wives. Civil lawyers in Lahore can help men navigate the process of getting permission for a second marriage by gathering documentation and filling out forms required by the court. With an experienced lawyer, the process will be simpler and quicker. Civil lawyers are well versed in family law and are familiar with all aspects of Pakistani culture, so they will be able to guide you through the process smoothly. The expert family lawyer can be a great resource when you're applying for a second marriage. Your Family Lawyer will be able to answer any questions you have about marriage or divorce and provide you with the necessary paperwork. According to the new law, anyone who has been married before will need to obtain a divorce certificate from their previous marriage, with a few exceptions such as if your spouse has passed away or if you have an annulment. If you need help getting a divorce certificate, free legal aid organizations are readily available to assist you. The law also exempts anyone under the age of 18 from needing a divorce certificate. If someone is younger than 18 but at least 16 years old, they must receive consent from one parent (if living) and one judge to marry again. The recent change in Pakistan's marriage law has created some difficulties for couples trying to get married for the second time. First, the law now requires that a lawyer be present at the marriage ceremony. This can be expensive and may not be possible for many couples. Second, the law requires that the couple obtain a divorce decree from their first marriage before they are able to marry again. This can be difficult to obtain, especially if the first marriage was not properly documented. The process of obtaining such documents can be expensive and time- consuming. A lawyer can help with the paperwork, but this will require significant funds.

FAQs

Yes, under Pakistani law, a husband can take a second wife. However, he must obtain written permission from his first wife and the Arbitration Council (usually through the Union Council) before marrying again. Without this permission, the marriage is considered unlawful, and the husband may face legal consequences, including fines and imprisonment.

Apply to the Union Council for permission and complete a request form. Obtain written consent from his first wife, which is submitted to the Union Council. Attend a hearing at the Arbitration Council, where his reasons for wanting a second marriage will be reviewed. If the council approves, he can legally marry again. Failure to follow these steps can lead to legal penalties.

Yes, the wife can refuse permission. Pakistani law requires that the husband seeks his first wife’s consent. If she does not agree, the Union Council may still review the husband’s request, but the council often considers the wife’s objection and may deny permission if there is no valid reason for the second marriage.

If a man marries a second wife without obtaining the required permission from his first wife and the Union Council, he may face legal consequences, including:
A fine of up to PKR 500,000
Imprisonment for up to one year
Additionally, the first wife may file a case for non-compliance, which can impact marital rights and lead to divorce proceedings.

Yes, the first wife’s consent is legally required under the Muslim Family Laws Ordinance, 1961. The Second Marriage Law in Pakistan husband must also obtain the Union Council’s approval. Both steps are necessary for the second marriage to be considered lawful in Pakistan.

Yes, a wife has the right to file a complaint with the Union Council or Family Court if her husband marries again without her consent. She can seek financial compensation, divorce, or other legal remedies based on the circumstances. The husband may face fines or imprisonment if found guilty of violating the law.

The Union Council, or Arbitration Council, is responsible for granting approval for a second marriage. The husband must apply to the council, providing reasons for the second marriage and obtaining written consent from his first wife. The council reviews the case and decides whether to grant or deny permission.

Yes, certain conditions can be considered valid reasons for a second marriage, such as:
The first wife’s inability to have children
Medical reasons or prolonged illness of the first wife
Irreconcilable differences that impact marital relations
The Arbitration Council considers these reasons when reviewing the application for a second marriage. However, approval is not guaranteed, and each case is assessed individually.

Yes, Pakistani law applies even if the husband resides abroad. He must still obtain written consent from his first wife and the Union Council in Pakistan. If he marries abroad without this permission, the marriage may not be recognized as lawful in Pakistan, and he could face legal consequences if he returns to the country.

Legally, a man cannot perform a second marriage without informing his first wife and obtaining her consent. If he marries secretly without following legal procedures, the first wife has the right to file a case against him, which could lead to fines, imprisonment, and potential marital complications.

A written application to the Union Council
Proof of consent from the first wife
Valid reasons for the second marriage
Copies of identity documents (CNIC)

Yes, second marriage is allowed in Pakistan without divorcing the first wife, provided that the husband follows legal procedures, including obtaining permission from the first wife and the Union Council. The purpose of these regulations is to ensure that the marriage is conducted lawfully.

Yes, if the husband marries a second wife without consent, the first wife has the right to seek divorce on grounds of desertion, non-compliance, or failure to meet marital obligations. She may also file for financial compensation or other legal remedies if her husband violated the marriage contract.

If a husband marries a second time without fulfilling legal requirements, he could face:
Fines up to PKR 500,000
Imprisonment for up to one year
Additionally, the first wife may file for divorce or demand compensation for the breach of legal obligations.

Although the second marriage may not be considered invalid, it is unlawful if the husband did not obtain required permissions. The first wife can challenge the marriage in Family Court, resulting in penalties or even divorce proceedings against the husband for his non-compliance.

Yes, Pakistani law allows the wife to put conditions in the Nikah Nama (marriage contract) that restrict the husband from remarrying. If he agrees to these terms and later marries again without her permission, she can file for divorce or seek legal action based on breach of contract.

In Pakistan, if the second marriage is lawful, the second wife has the same inheritance rights as the first wife. However, if the marriage was conducted without legal permission, complications may arise, especially if the family of the first wife contests inheritance rights in court.

Legally, the second marriage cannot be registered without the Union Council’s approval. Registration may still occur, but the marriage would be deemed unlawful if proper consent and approvals were not obtained, and penalties could apply.



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Ahmed Burhan

Mr Ahmed Burhan

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