PERMISSION FOR A SECOND MARRIAGE IN PAKISTAN

According to Islamic law, a Muslim husband can enter into four marriages at once. Entering into a second marriage during the existence of the first marriage is commonly referred to as "polygamy." Polygamy is a legal right of the Muslim husband in Pakistan.

The right to polygamy is protected under Section 6 of the Muslim Family Law Ordinance, 1961. However, under Pakistan's polygamy law, the Muslim husband must obtain permission from the first wife to enter into a second marriage. Prior to 2015, the husband didn't need to obtain permission from the first wife before deciding to enter into polygamy. In 2015, the Government of Pakistan introduced sub-section (b) to Section 6(5) of the Muslim Family Laws Ordinance, 1961, by introducing the Muslim Family Laws (Amendment) Act, 2015. Under this Act, the first wife has the right to file a criminal complaint against the husband if he enters into a second marriage without the consent of the first wife. The defaulting husband can be punished with a penalty of one year and 5 lakh rupees if the first wife proves in her complaint that the husband entered into a second marriage without her prior consent.

Can the husband enter into a second marriage if the first wife refuses the husband's permission?

YES, if the first wife refuses the husband's permission to enter into a second marriage. The husband can apply to the Union Council for permission to enter into a second marriage. Can the Union Council refuse the husband permission to enter into a second marriage? YES, the Union Council is obliged by law to examine the facts and circumstances under which the husband is entering into a second marriage. Only if the Union Council is of the opinion that a second marriage is necessary and just can it allow the husband to enter into a second marriage.

What grounds are there for the husband to obtain permission for a second marriage from the Union Council?

In our society, it hardly ever happens that the first wife gives the husband permission to enter into a second marriage. If the husband feels that it is necessary to enter into a second marriage, he can apply to the Union Council for permission for polygamy. According to the law, the Chairman of the Union Council can only grant permission for a second marriage if he is convinced that the second marriage is necessary and just. The husband must, therefore, state in his application the reasons that make it essential for him to enter into a second marriage.

Some of the reasons for which permission for a second marriage is granted are as follows:

- The wife is incapable of bearing a child (sterility)

- The first wife does not fulfill her marital duties

- The first wife is no longer physically or mentally capable of fulfilling her marital duties

- The husband is financially able to support both wives and is not in arrears with maintenance payments to the first wife.

- Any other reason that makes it necessary for the husband to enter into a second marriage

The expert teams of solicitors at Khadija Law Associates have extensive experience in matrimonial law. If you are a husband who wants to apply for permission from the Union Council to get permission for a second marriage, all you need to do is seek our legal services. We will take care of the entire process and get you the permission certificate in no time.

Documents required for obtaining a second marriage license

Below are the documents that we require for applying and obtaining the second marriage license in Pakistan:

- Copy of husband's CNIC

- Copy of CNIC of the first wife

- Copy of the CNIC of the intended wife

- Copy of Nikahnama or marriage certificate issued by NADRA