An Ordinanceto give effect to certain recommendations ofthe commission on marriage and Family Laws. Whereas it isexpedientto give effect to certain recommendation of thecommission on Marriage and FamilyLaws. Now, therefore in pursuance of theproclamation of the seventh day of October 1958, and in exerciseof all powers enabling him in this behalf, thePresident is pleased to make and promulgate the following Ordinance:-
1. Short title, extent, application and commencement
(1) This Ordinance maybe called theMuslim Family Laws Ordinance, 1961.
(2) It extends to whole ofPakistan, and applies to all Muslim citizensof Pakistan, wherever theymay be.
(3) It shall come into force on such date asthe Federal Government may, by notification in the official Gazette, appointin this behalf.
2. Definition
(a) “Arbitration Council” meansa body consisting ofthe Chairman and a representative of each ofthe parties to a matter dealt with this Ordinance: Provided that where anyparty fails to nominate a representativewithin the prescribed time, thebody formed withoutsuch representative shall bethe Arbitration Council. (b) “Chairman” means the Chairman ofthe Union Council or aperson appointed by the Federal Government in theCantonment areas or by theProvincial Government in other areas or byan Officer authorised in that behalfbyanysuch Government to dischargethe functionsofchairman under Ordinance: Provided that wherethe Chairman ofthe Union Council is a non-Muslim, or hehimself wishes to make an application to the Arbitration Council, or is, owing to illness or anyother reason, unable to discharge the functions ofChairman, the Council shall electoneof its Muslim members as Chairman for thepurposes of this Ordinance. (c) “Prescribed” means prescribed byrules madeunder Sch. II. (d) “Union Council” means the Union Council or the Town or Union Committee constituted under the BasicDemocracies Order, 1959 and having jurisdiction in thematter asprescribed. (e) “Ward” means a ward within a Union or Town as defined in the aforesaid Order.
3. Ordinance to override other laws, etc.
(1) The provisions ofthisOrdinance shall haveeffect notwithstanding any law, custom or usage, and theregistration of Muslim marriagesshall take place only in accordance with these provisions.
(2) For the removal of doubt, it is hereby declared that theprovisions of theArbitration Act, 1940 (Xof 1940), the Code ofCivil Procedure 1908 (Act Vof 1908), and anyother law regulating the procedure ofCourtsshall notapplyto anyArbitration Council. 4. Succession. In the event ofdeath ofany son or daughter ofthe propositus beforethe opening of succession, the children of such son or daughter, ifany, living atthe time the succession opens, shall per stripes, receive a share equivalent to the share which such son or daughter, asthe case maybe, would havereceived ifalive. 5. Registration ofmarriage. (1) Everymarriage solemnized under Muslim Law shall be registered in accordancewith theprovisions of this Ordinance.
(2) For the purpose ofregistration of marriageunderthis Ordinance, the Union Council shall grantlicenses to oneor more persons, to becalled Nikah Registrars, butin no caseshall more than on Nikah Registrar belicensed for any one Ward.
(3) Everymarriage not solemnized by the Nikah Registrar shall, for thepurpose of registration under this Ordinancebe reported to him bythe person who has solemnized such marriage.
(4). Whoever contravenes the provisions ofsuch-section (3) shall be punishable with simple imprisonment for a term which may extent to threemonths, or with fine which may extend to one thousand rupees, or with both.
(5). Theform of nikahnama, the registers to be maintained by Nikah Registrars, the recordsto be preserved byUnion Councils, the manner in which marriage shall be registered and copies ofnikhanama shall be supplied to parties, and thefees to becharged thereof, shall be such asmaybe prescribed.
(6) Any person may, on paymentof theprescribed fee, ifany, inspectatthe office ofthe Union Council the record preserved under sub-section (5), or obtain a copyofanyentrytherein.
6. Polygamy. (1) No man, during the subsistenceof an existing marriage, shall exceptwith theprevious permission in writing ofthe Arbitration Council, contractanother marriage, nor shall any such marriage contracted withoutsuch permission be registered under this Ordinance.
(2) An application for permission under Sub-section (1) shall be submitted to theChairman in the prescribed manner together with the prescribed fee, and shall state reasons for the proposed marriage, and whether the consentof existing wife or wives has been obtained thereto.
(3) On receiptof the application under Sub-section (3), Chairman shall ask theapplicantand his existing wife or wives each to nominate a representative, and the Arbitration Council so constituted may, if satisfied thatthe proposed marriageis necessaryand just, grant, subject to such condition ifany, as may be deemed fit, the permission applied for.
(4) In deciding the application theArbitration Council shall record its reasons for the decision and anyparty may, in the prescribed manner, within the prescribed period, and on payment ofthe prescribed fee, preferan application for revision, to the Collector concerned and hisdecision shall be final and shall not be called in question in anyCourt.
(5) Any man who contracts another marriage withoutthe permission ofthe Arbitration Council shall,
(a) pay immediatelythe entire amount of thedower whether prompt or deferred, dueto theexisting wife or wives, which amount, if not so paid, shall be recoverable as arrears of land revenue; and
(b) on conviction upon complaint be punishable with the simpleimprisonmentwhich mayextend to one year, or with fine which mayextend to fivethousand rupees, or with both.
7. Talaq. (1) Any man who wishes to divorcehiswife shall, as soon as may beafter the pronouncementof talaq in any form whatsoever, givethe chairman a notice in writing of his having doneso, and shall supplya copythereofto thewife.
(2) Whoever, contravenesthe provisionsofsub-section (1) shall be punishable with simple imprisonment for a term which may extend to oneyear, or with finewhich mayextend to fivethousand rupees, or with both.
(3) Save as provided in sub-section (5) talaq, unless revoked earlier, expressly or otherwise, shall not be effectiveuntil the expiration of ninety daysfrom day on which notice under sub-section (1) isdelivered to theChairman.
(4) Within thirty daysof thereceiptof notice under Sub-section (1), theChairman shall constitute an Arbitration Council for the purpose of bringing about a reconciliation between the parties, and the Arbitration Council shall takeall stepsnecessary to bring about such reconciliation.
(5) If thewife bepregnant atthe time talaq is pronounced, talaq shall notbe effective until the period mentioned in Sub-section (3) or the pregnancy, whichever later, ends.
(6) Nothing shall debar a wife whose marriage has been terminated bytalaq effective under his section from remarrying the same husband, without an intervening marriage with a third person, unless such termination isfor the third time so effective.
8. Dissolution of marriage otherwisethan bytalaq. Wherethe right to divorce has been dulydelegated to the wifeand shewishesto exercisethat right, or where any of theparties to a marriage wishes to dissolvesthe marriage otherwise than by talaq the provisionsof section 7 shall, mutatismutandis and so far as applicable, apply.
9. Maintenance. (1) If anyhusband failsto maintain hiswife adequately, or wherethere aremore wives than one, fails to maintain them equitably, the wife, or all or any ofthe wives, may in addition to seeking anyother legal remedyavailable applyto theChairman who shall constitute an Arbitration Council to determinethe matter, and the Arbitration Council mayissue a certificate specifying theamount which shall be paid as maintenance by the husband.
(2) A husband or wifemay, in theprescribed manner, within theprescribed period, and on payment of the prescribed fee, prefer an application for revision of the certificate, to the Collector concerned and hisdecision shall be final and shall not becalled in question in anyCourt.
(3) Any amount payableunder Sub-section (1) or, (2) if, notpaid in theduetime, shall be recoverable as arrearsof land revenue. PUNJAB AMENDMENT In sub-section (2), the full-stop occurring at the end shall be replaced bya colon and thereafter thefollowing proviso shall be added, namely:
Provided that theCommissioner ofa Division may, on an application made in thisbehalf and for reasons to be recorded, transfer an application for revision ofthe certificate from a Collector to any other Collector, or to a Director, Local Government, or to an Additional Commissioner in hisDivision. [Ord. II of 1975, Section 2].
10. Dower. Whereno detailsabout themode ofpayment ofdower are specified in the nikahnama or the marriagecontract, the entire amount of thedower shall be presumed to be payable on demand.
11. Power to make rules. (1) The Government may make rulesto carry into effect the purposes ofthisOrdinance.
(2) In making rules under this section, such Government, may providethata breach of any of therules shall bepunishablewith simple imprisonment which may extend to one month, or with finewhich mayextentto two hundred rupees, or with both.
(3) Rules madeunder this section shall bepublished in the official Gazetteand shall thereupon have effect asifenacted in this Ordinance.
12. Amendment of child marriage restraint act, 1929 (xixof 1929). Omitted by Ord. 27 of 1981.
13. Amendment of the dissolution of muslim marriagesact, 1939 (viii of1939). Omitted byOrd. 27 of1981.
