This File Is Downloded From Best Law Website of Pakistan: The Muslim Family Laws Ordinance, 1961
This File Is Downloded From Best Law Website of Pakistan: The Muslim Family Laws Ordinance, 1961
This File Is Downloded From Best Law Website of Pakistan: The Muslim Family Laws Ordinance, 1961
MUSLIM FAMILY LAWS ORDINANCE, 1961
CONTENTS
1 Short title, extent, commencement and application
2 Definitions
3 Ordinance to override other laws, etc
4 Succession
5 Registration of marriages
6 Polygamy
7 Talaq
8 Dissolution of marriage otherwise than by talaq
9 Maintenance
10 Dower
11 Power to make rules
12 Amendment of Child Marriage Restraint Act, 1929 (XIX of 1929)
13 Amendment of the dissolution of Muslim marriages act, 1939 (VIII of 1939)
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THE MUSLIM FAMILY LAWS ORDINANCE, 1961
ORDINANCE NO. VIII OF 1961
[2nd March, 1961]
An Ordinance to give effect to certain recommendations of the Commission on Marriage and
Family Laws.
WHEREAS it is expedient to give effect to certain recommendations of the Commission on
Marriage and Family Laws;
Now, THEREFORE, in pursuance of the Proclamation of the seventh day of October, 1958, and
in exercise of all powers enabling him in that behalf, the President is pleased to make and promulgate
the following Ordinance:__
1. Short title, extent, application and commencement.__ (1) This Ordinance may be called the
Muslim Family Laws Ordinance, 1961.
(2) Its extends to the whole of Pakistan, and applies to all Muslim citizens of Pakistan, wherever
they may be.
(3) It shall come into force on such date 1as the2[Federal Government] may, by notification in the
official Gazette, appoint in this behalf.
2. Definitions.__ (1) In this Ordinance unless there is any thing repugnant in the subject or
context:__
(a) "Arbitration Council" means a body consisting of the Chairman 3* * * and representative
of each of the parties to a matter deal with in this Ordinance 4[:]
5[Provided that where any party fails to nominate a representative within the prescribed time, the
body formed without such representative shall be the Arbitration Council;]
6[(b) “Chairman” means the Chairman of the Union Council or a person appointed by the
7[Federal Government in the Cantonment areas, or by the Provincial Government in other
areas,] or by an officer authorized in that behalf by any such Government, to discharge
the functions of Chairman under this Ordinance:
1 The 15th day of July, 1961, see Gaz. of P., 1961, Ext., p. 1128.a.
2 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
3 The words “ of the Union Council” omitted by the Muslim Family Laws (Amdt.) Ordinance, 1961 (21 of 1961), s. 2.
4 Subs. ibid., for the semicolon.
5 Proviso added, ibid.
6 Subs. ibid., for the original clause (b).
7 Subs. by A.O., 1964, Art. 2 and Sch., for “Central or a Provincial Government”.
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Provided that where the Chairman of the Union Council is a nonMuslim, or he himself wishes to
make an application to the Arbitration Council, or is owing to illness or any other reason, unable to
discharge the functions of Chairman, the Council shall elect one of its Muslim members as Chairman
for the purposes of this Ordinance;]
(c) “prescribed” means prescribed by rules made under section 11;
(d) “Union Council” means the Union Council or the Town or Union Committee constituted
under the Basic Democracies Order, 1959 (P.O No. 18 of 1959), and 1[having in the
matter jurisdiction as prescribed];
(e) “Ward” mean a ward within a Union or Town as defined in the aforesaid Order.
3. Ordinance to override other laws, etc.__ (1) The provisions of this Ordinance shall have
effect notwithstanding any law, custom or usage, and the registration of Muslim marriages shall take
place only in accordance with those provisions.
(2) For the removal of doubt, it is hereby declared that the provisions of the Arbitration Act, 1940
(X of 1940), the Code of Civil Procedure, 1908 (Act V of 1908), and any other law regulating the
procedure of courts shall not apply to any Arbitration Council.
4. Succession.__ In the event of the death of any son or daughter of the propositus before the
opening of succession, the children of such son or daughter, if any, living at the time the succession
opens, shall per stripes receive a share equivalent to the share which such son or daughter, as the
case may be, would have received if alive.
5. Registration of marriages.__ (1) Every marriage solemnized under Muslim Law shall be
registered in accordance with the provisions of this Ordinance.
(2) For the purpose of registration of marriages under this Ordinance, the Union Council shall
grant licences to one or more persons, to be called Nikah Registrars, but in no case shall more than
one Nikah Registrar be licensed for any one Ward.
(3) Every marriage not solemnized by the Nikah Registrar shall, for the purpose of registration
under this Ordinance, be reported to him by the person who has solemnized such marriage.
1 Subs. by the Muslim Family Laws (Amdt.) Ordinance, 1961 (21 of 1961), s. 2., for “having jurisdiction in the area concerned”.
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(4) Whoever contravenes the provisions of subsection (3) shall be punishable with simple
imprisonment for a term which may extend to three months, or with fine which may extend to one
thousand rupees, or with both.
(5) The form of nikah nama, the registers to be maintained by Nikah Registrars, the recorders to
be preserved by Union Councils, the manner in which marriage shall be registered and copies of nikah
nama shall be supplied to the parties and the fees to be charged therefor, shall be such as may be
prescribed.
(6) Any person may, on payment of the prescribed fee, if any, inspect at the office of the Union
Council the record preserved under subsection (5), or obtain a copy of any entry therein.
6. Polygamy.__ (1) No man, during the subsistence of an existing marriage, shall except with the
previous permission in writing of the Arbitration Council, contract another marriage, nor shall any
such marriage contracted without such permission be registered under this Ordinance.
(2) An application for permission under subsection (1) shall be submitted to the Chairman in the
prescribed manner together with the prescribed fee, and shall state the reasons for the proposed
marriage, and whether the consent of existing wife or wives has been obtained thereto.
(3) On receipt of the application under subsection (2), the Chairman shall ask the applicant and
his existing wife or wives each to nominate a representative, and the Arbitration Council so
constituted may, if satisfied that the proposed marriage is necessary and just, grant, subject to such
conditions, if any, as may be deemed fit, the permission applied for.
(4) In deciding the application the Arbitration Council shall record its reasons for the decision,
and any party may, in the prescribed manner, within the prescribed period, and on payment of the
prescribed fee, prefer an application for revision, 1[to the Collector] concerned and his decision shall
be final and shall not be called in question in any Court.
(5) Any man who contracts another marriage without the permission of the Arbitration Council
shall__
(a) pay immediately the entire amount of the dower, whether prompt or deferred, due to the
existing 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 simple imprisonment which may extend
to one year, or with fine which may extend to five thousand rupees, or with both.
1Subs. by F.A.O., 1975, Art. 2 and Sch., for certain words.
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7. Talaq.__(1) Any man who wishes to divorce his wife shall, as soon as may be after the
pronouncement of talaq in any form whatsoever, give the Chairman a notice in writing of his having
done so, and shall supply a copy thereof to the wife.
(2) Whoever contravenes the provisions of subsection (1) shall be punishable with simple
imprisonment for a term which may extend to one year or with fine which may extend to five
thousand rupees, or with both.
(3) Save as provided in subsection (5) a talaq unless revoked earlier, expressly or otherwise
shall not be effective until the expiration of ninety days from the day on which notice under sub
section (1) is delivered to the Chairman.
(4) Within thirty days of the receipt of notice under subsection (1), the Chairman shall constitute
an Arbitration Council for the purpose of bringing about a reconciliation between the parties, and the
Arbitration Council shall take all steps necessary to bring about such reconciliation.
(5) If the wife be pregnant at the time talaq is pronounced, talaq shall not be effective until the
period mentioned in subsection 1[(3)] or the pregnancy, whichever later, ends.
(6) Nothing shall debar a wife whose marriage has been terminated by talaq effective under this
section from remarrying the same husband, without an intervening marriage with a third person,
unless such termination is for the third time so effective.
8. Dissolution of marriage otherwise than by talaq.__ Where the right to divorce has been duly
delegated to the wife and she wishes to exercise that right, or where any of the parties to a marriage
wishes to dissolves the marriage otherwise than by talaq the provisions of section 7 shall, mutatis
mutandis and so far as applicable, apply.
9. Maintenance.__(1) If any husband fails to maintain his wife adequately, or where there are
more wives than one, fails to maintain them equitably, the wife, or all or any of the wives, may in
addition to seeking, any other legal remedy available apply to the Chairman who shall constitute an
Arbitration Council to determine the matter, and the Arbitration Council may issue a certificate
specifying the amount which shall be paid as maintenance by the husband.
(2) A husband or wife may, in the prescribed manner, within the prescribed period, and on
payment of the prescribed fee, prefer an application for revision of the certificate,2[to the Collector]
concerned and his decision shall be final and shall not be called in question in any Court.
(3) Any amount payable under subsection (1) or (2), if not paid in due time, shall be recoverable
as arrears of land revenue.
10. Dower.__ Where no details about the mode of payment of dower are specified in the nikah
nama, or the marriage contract, the entire amount of the dower shall be prescribed to be payable on
demand.
1 Subs. by the Muslim Family Laws (Second Amdt.) Ordinance, 1961 (30 of 1961), s. 2., for “(2)”.
2 Subs. by F.A.O., 1975, Art, 2 and Sch., for certain words.
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11. Power to make rules.___(1) The 1[ 2[Federal Government] in respect of the Cantonment
areas and the Provincial Government in respect of other areas] may make rules to carry into effect
the purposes of this Ordinance.
(2) In making rules under this section, the 1[such Government] may provide that a breach of any
of the rules shall be punishable with simple imprisonment which may extend to one month, or with
fine which may extend to two hundred rupees, or with both.
(3) Rules made under this section shall be published in the official Gazette, and shall thereupon
have effect as if enacted in this Ordinance.
12. [Amendment of Child Marriage Restraint Act, 1929 (XIX of 1929). Omitted by the Federal
Laws (Revision and declaration) Ordinance, 1981 (XXVII OF 1981), s. 3 and Sch., II.
13. [Amendment of the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939), Omitted by
the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and Sch., II.
______________
1 Subs. by A.O., 1964, Art. 2 and Sch., for “Provincial Government”.
2 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.
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