Family Law · Second Marriage
Second Marriage Without Permission
In Pakistan, under the Muslim Family Laws Ordinance 1961, a man must obtain permission before contracting a second marriage — written permission from his existing wife and approval from the Union Council's Arbitration Council. Marrying again without fulfilling these requirements is a punishable offence.
At GNS Law Associates, our experienced family lawyers in Karachi help women file suits and criminal complaints against second marriages contracted without permission — protecting your marital rights and dignity with confidentiality and care.
The Law
What Section 6 of the MFLO 1961 Requires
Permission Is Mandatory
Under Section 6 of the Muslim Family Laws Ordinance, 1961, no man may contract a second marriage during an existing marriage without:
- Prior written permission of his existing wife or wives
- Approval of the Union Council Arbitration Council, which considers whether the proposed marriage is necessary and just
A second marriage contracted without this permission cannot be lawfully registered under the Ordinance, and exposes the husband to legal consequences.
Consequences
What Happens If He Marries Without Permission
Immediate Dower Becomes Due
The entire dower (Haq Mahr) — whether prompt or deferred — owed to the existing wife or wives becomes immediately payable, and can be recovered as arrears of land revenue if unpaid.
Criminal Liability
On conviction following a complaint, the husband can face simple imprisonment of up to one year, a fine, or both, under Section 6 of the Ordinance.
Your Rights
Who Can Take Legal Action
The First Wife
The existing wife of the man entering into a second marriage can file a suit and a criminal complaint.
Guardian / Representative
A legal guardian or authorised representative acting on behalf of the wife may bring the action.
Affected Parties
Others with legal standing under family law may also pursue a complaint where their rights are affected.
We help you gather and present the necessary evidence — Nikah documents, photographs, and witness testimony — to prove the marriage and build a strong case, and can pursue combined relief for maintenance, dower, and second-marriage penalty together.
FAQ
Second Marriage — Common Questions
Is a husband's permission really required for a second marriage in Pakistan?+
Yes. Under Section 6 of the MFLO 1961, a man must obtain prior written permission from his existing wife and approval from the Union Council Arbitration Council before a second marriage. Doing so without permission is a punishable offence.
What can the first wife do if her husband remarries without permission?+
She can file a suit and a criminal complaint. The unpaid dower becomes immediately payable, and on conviction the husband can face imprisonment, a fine, or both. We can also pursue maintenance alongside the complaint.
Can I claim maintenance and dower along with the complaint?+
Yes. You can claim maintenance, dower (Haq Mahr), and other legal rights alongside the second-marriage complaint. We pursue these together for a stronger outcome.
What evidence is needed to prove the second marriage?+
We assist in gathering evidence including Nikah documents, photographs, and witness testimony to establish that the second marriage took place.
How long does such a case take?+
The timeline depends on court workload and how the matter is contested. We move efficiently and keep you informed throughout.
Can overseas Pakistani women take action from abroad?+
Yes. Through a Power of Attorney we can file and pursue the suit or complaint in Karachi while you remain abroad.
Protect Your Rights & Dignity
If your husband has remarried without permission, you have legal options. Our family lawyers handle these matters with confidentiality and determination. First consultation is free.
