Question 1

What permission is required before a man may contract a second marriage during an existing marriage?

Accepted Answer

Under section 6 of the Muslim Family Laws Ordinance, 1961, a man must obtain the Arbitration Council’s prior written permission before contracting a second marriage while an existing marriage continues.
He must apply to the Chairman in the prescribed manner, pay the prescribed fee, state his reasons for the proposed marriage, and disclose whether he has obtained the consent of his existing wife or wives. The Arbitration Council may grant permission if it considers the proposed marriage necessary and just. (Source: Muslim Family Laws Ordinance 1961, section 6)

Question 2

Can a wife obtain khula without her husband's consent?

Accepted Answer

Yes. Under Pakistani Muslim family law, a wife may obtain khula through the court without her husband’s consent if she satisfies the court that continuing the marriage within the limits prescribed by Allah has become impossible.
Khula does not require proof that the husband was at fault. By contrast, dissolution under section 2 of the Dissolution of Muslim Marriages Act, 1939, requires proof of a specified ground, such as cruelty, failure to maintain her for two years, or the husband’s whereabouts being unknown for four years. (Source: Dissolution of Muslim Marriages Act 1939, section 2)

Question 3

What are the consequences of contracting a second marriage without the arbitration council's permission?

Accepted Answer

Under the Muslim Family Laws Ordinance, 1961, which applies to Muslims, a man who contracts a second marriage during an existing marriage without the Arbitration Council’s prior written permission faces these consequences:
- The second marriage cannot be registered under the Ordinance.
- He must immediately pay the entire outstanding dower—prompt or deferred—to the existing wife or wives. If unpaid, it may be recovered as arrears of land revenue.
- He may be prosecuted upon a complaint and, if convicted, punished with simple imprisonment of up to one year and/or a fine.
- The supplied Ordinance text states a fine of up to Rs.5,000, while the cited 2023 and 2024 Lahore High Court decisions describe the applicable fine as Rs.500,000.
- The Family Court may try the offence on a complaint by the Union Council, Arbitration Council, or an aggrieved party. (Source: Muslim Family Laws Ordinance 1961, section 6)

Question 4

On what grounds can a Muslim woman seek dissolution of her marriage under the 1939 Act?

Accepted Answer

Under the Dissolution of Muslim Marriages Act, 1939, which applies to women married under Muslim law in Pakistan, a Muslim woman may seek dissolution on one or more of these grounds:

1. Her husband’s whereabouts have been unknown for four years.  
2. He has neglected or failed to maintain her for two years.  
3. He has taken an additional wife in contravention of the Muslim Family Laws Ordinance, 1961.  
4. He has been sentenced to imprisonment for seven years or more, provided the sentence has become final.  
5. Without reasonable cause, he has failed to perform his marital obligations for three years.  
6. He was impotent at the time of marriage and continues to be so.  
7. He has been insane for two years, or suffers from leprosy or a virulent venereal disease.  
8. Any other ground recognized as valid for dissolution under Muslim law.

Where dissolution is based on the husband being missing for four years, the decree does not take effect for six months. If he appears during that period and satisfies the court that he is prepared to perform his conjugal duties, the court must set aside the decree.

The supplied extracts do not reproduce the Act’s remaining specifically enumerated grounds, if any. (Source: Dissolution of Muslim Marriages Act 1939, section 2)

Question 5

Can a decision of the Family Court be appealed?

Accepted Answer

Yes. Under section 14 of the Family Courts Act, 1964, a Family Court’s decision or decree is generally appealable:

- To the High Court if the Family Court was presided over by a District Judge, Additional District Judge, or an equivalent notified person.
- To the District Court in any other case.

However, no appeal lies against certain decrees, including specified dissolution decrees, dower or dowry not exceeding Rs.100,000, maintenance of Rs.4,000 or less per month, or an interim order. An order finally deciding an application under section 12 is considered an appealable “decision,” rather than an interim order. (Source: The Family Courts Act 1964, section 14)

Question 6

Is a father excused from maintaining his children because his income is small?

Accepted Answer

No. Under Muslim personal law, a father’s small or restricted income does not excuse him from maintaining his children. His legal, moral, and religious obligation continues, but the amount of maintenance is assessed according to his financial means.

Maintenance is broader than food alone; it includes clothing, lodging, education, and other needs connected with the child’s social, physical, and mental development, considering the family’s status and societal norms. Unpaid maintenance may constitute an enforceable debt and is not extinguished merely by the passage of time, particularly where the beneficiary is a minor. (Source: 2026 LHC 3278 — Akhter Hussain AWan etc Vs Naseer Akhtar Awan etc (Mr. Justice Mohsin Akhtar Kayani))

Question 7

What is the guiding principle for appointing a guardian of a minor?

Accepted Answer

The guiding principle is the welfare of the minor, considered consistently with Muslim personal law.

Under section 17 of the Guardians and Wards Act, 1890, the court considers factors including:

- the minor’s age, sex, and religion;
- the proposed guardian’s character, capacity, and closeness of kin;
- any wishes expressed by a deceased parent;
- the proposed guardian’s existing or previous relationship with the minor or the minor’s property; and
- the minor’s own preference, if the minor is old enough to form an intelligent preference.

For Muslim minors, applicable Muhammadan-law rules—such as the mother’s right of hizanat (custody)—are relevant, but the court remains guided by the minor’s welfare. (Source: Guardians and Wards Act 1890, section 17)

Family Law in Pakistan — Second Marriage, Khula and the Arbitration Council