According to the Pakistani Law, a Muslim Husband is allowed “Polygamy,.” Polygamy means contracting a second marriage in the presence of the first. It is a legal right of a Muslim Husband. This means that he has a legal right to have four marriages at one time.
In Pakistan, this legal right is protected under the Muslim Family Law Ordinance, 1961, which comes under section 6. However, after 2015, there was an amendment made to the Law. According to the amendment, it is now made necessary for the Muslim Husband to obtain permission for second Marriage from the first wife. This amendment gives the first wife a legal right to pass a criminal complaint against her husband for contracting a second marriage without her knowledge or permission. If the husband is found guilty, he is liable to a punishment of 1 year along with a fine of five lakh rupees.
Does The Law Allow The Husband To Contract A Second Marriage If The First Wife Refuses To Give Permission To the Husband?
Yes, according to Pakistani Law, which is in accordance with the islamic Law. If the first wife refuses to give her husband permission to go for the second marriage contract. The husband can contact the union council through an application process seeking permission to contract a second marriage.
The union council will then grant him the permission only if the facts and circumstances for which the husband is seeking the second Marriage are genuine.
On What Grounds Can A Muslim Husband Obtain Permission for Second Marriage from Union Council?
The Muslim husband can enter a second marriage without the permission of his first wife if he is allowed by the union council. Under this Law, the Chairman of the Union Council needs to get satisfied by the application. Therefore it is necessary for the husband to provide strong reasons in his application which make his demand for permission to contract Second Marriage look essential.
The Following Are The Grounds On Which The Husband Will Be Given Permission For Second Marriage:
1- If the wife is unable to give birth to a baby. In case of medically proven sterility.
2-If the wife refuses to perform her matrimonial obligations
3-If the first wife is medically proven to be physically and mentally unfit and is unable to perform marital obligations
4-If the husband is financially capable of supporting both of his wives and will not default in providing maintenance to the first wife.
5-Any reason which is strong enough to make it necessary for a Muslim husband to contract a second marriage.
What Are The Documents Required For The Issuances Of The Permission For Second Marriage?
The husband who seeks the issuance of permission for second Marriage will require the following documents in order to apply for the consent. If his documents and appeal are valid, he will obtain the authorization to contract a second marriage in Pakistan.
A copy of the CNIC of the Husband and his first wife. A copy of the CNIC of the proposed wife. A copy of the Nikahnama or Marriage Certificate of the first Marriage issued by NADRA