The laws regarding second marriage in Pakistan are majorly regulated under Muslim Personal Law and the Family Laws Ordinance of 1961. Whereas, in Islam polygamy is permitted but under specific conditions. However, Pakistan’s legal system ensures fairness and justice in such cases. Here, we will try to cover essential of second marriage law in Pakistan, including its procedure, conditions, and consequences if fails to comply.
Second Marriage in Pakistan: Legal and Religious Perspective
Second marriage in Pakistan or polygamy is permissible under Islamic law, it allows a husband to marry up to four women at the same time. However, there are some specific conditions that need to be met, including but not limited to:
- Equal Treatment: Husband must treat all wives equally.
- Financial Support: It is husband’s duty to financially support each wife equally.
- Just Behavior: Husband must maintain fair and just attitude towards all wives without any discrimination.
If husband fails to meet these essential conditions, it may result in legal action by the aggrieved wife(s).
2nd Marriage Law in Pakistan: Legal Procedure
According to Section 6 of the Family Laws Ordinance, 1961, a person wishing to perform a second marriage has two options, either;
- Obtain permission from the Arbitration Council/Union Council by submitting a formal application agitating reasons for the second marriage in Pakistan.
- Or obtain written consent from the existing wife or wives.
Common Reasons for Permission:
- Physical disability of wife or unfitness for performing conjugal rights.
- Willful denial to fulfill marital obligations.
- Insanity or other severe health issues of the existing wife.
Polygamy Law in Pakistan and the Role of the Arbitration Council
The Arbitration Council has a vital role in regulating polygamy in Pakistan. When an application for second marriage is submitted in council, the council informs the existing wife about the application by sending notice of application. Counsil also evaluates the need and fairness of the proposal of second marriage before granting permission. However, in case of mutual understanding of husband and existing wife, the existing wife can furnish affidavit on oath confirming her consent.
The husband is required to provide all details about the woman he intends to marry while submitting the application for second marriage.
Procedure: How to Get Permission for Second Marriage in Pakistan
To comply with laws of second marriage law in Pakistan, the following steps must be taken:
- Application to Arbitration/Union Council: Submit an application with reasons for the proposed marriage.
- Consent from Existing Wife: Obtain written consent, either as an affidavit or format provided by union council.
- Decision: Permission will be granted if the council finds the application fit.
Punishment for Second Marriage Without Permission or Divorce in Pakistan
A second marriage in Pakistan without consent or permission, or without divorcing the existing wife(s) is not considered void. However, it can lead to legal consequences, such as:
- Imprisonment: Up to one year.
- Fine: Five hundred thousand rupees (PKR 500,000).
Dower Payment: If the husband marries without permission, the entire dower, whether prompt or deferred, becomes payable immediately.
Second Marriage in Islam vs. State Law
Islamic law allow polygamy. However, the law of second marriage in Pakistan make sure this right is practiced in a responsible manner to protect the rights of all parties. State law has some procedural requirements to avoid conflicts and maintain the fabric of harmony in society.
Bigamy vs. Polygamy in Pakistan
- Bigamy: It means to marry a second wife while having an existing wife.
- Polygamy: Means having multiple wives at the same time, as permissible under Islamic and state law.
Second Marriage in Karachi, Lahore, and Other Regions
The procedure of second marriage in Pakistan, including second marriage in Karachi, Lahore, or any other city, follows the same principles and laws. However, the procedure may be different at provincial level, but the rules are to be followed in all major cities.
Law of Second Marriage in Pakistan for Overseas Pakistanis
The law of second marriage in Pakistan applies to overseas Pakistanis as well, and they must follow the same procedure only if their marriage is governed by Pakistani law. However, if an overseas Pakistani wishes for a second marriage abroad, then he can do it as long as he does not register it under Pakistani law. Most people do it by doing online shariah nikah only and do not register second marriage. It is acceptable; however, to enforce the legality of such marriage in Pakistan, it is necessary to register the same.
Status of Second Marriage in Pakistan Without the Wife’s Consent
A second marriage conducted without the consent of an existing wife is not considered void or invalid. However, the husband may face penalties for failing to obtain permission from the existing wife or wives, as demonstrated in several judgments, here we rely on Ishtiaq vs. the State cited as PLD 2017 187 SC
Payment of Dower in Case of Second Marriage
In cases where a husband has entered into a second marriage without obtaining permission from his existing wife or the arbitration or Union Council, he is liable to pay the dower, whether prompt or deferred, to the existing wife immediately. Reference can put on judgment cited as 2020 PLD 613 SC (Muhammad Jamil vs Mst. Sajida bibi)
Note:
M/s Legally-Ethically-Expertly (LEX), a leading law firm with experienced lawyers, provides this article’s information for public awareness through our website, lex.com.pk. We strive to offer valuable insights to the general public, but this content shall not be considered as legal advice. Additionally, please note that the information provided here may be outdated as laws are amended regularly or may contain human error; therefore, we recommend not relying solely on this content. For personalized guidance or the most up-to-date information, we encourage our valued readers to contact our expert family lawyers in Pakistan by calling or WhatsApp at +92-310-8888539 or emailing info@lex.com.pk. We are here to assist with tailored solutions.
Frequently Asked Questions (FAQs):
Q1. How to get permission for second marriage in Pakistan?
Permission can be obtained by applying to the Arbitration Council or securing written consent from the existing wife.
Q2. Is second marriage legal in Pakistan?
Yes, a second marriage in Pakistan is legal under Islamic and state law, provided the required permissions are obtained.
Q3. What is the percentage of polygamy in Pakistan?
While there is no official statistic, however, polygamy cases in Pakistan are relatively low as it is subject to strict legal and social scrutiny.
Q4. What happens if I want a second marriage in Pakistan without following the procedure?
Your second marriage may not be void, but non-compliance may result in legal action by the existing wife or dissolution of marriage such as Khula.
Q5. What is the punishment for a second marriage without divorce or permission in Pakistan?
Marrying a second wife without divorcing the first or obtaining proper permissions can lead to imprisonment (up to one year), a fine of PKR 500,000, and immediate payment of any deferred dower.