A man with a subsisting marriage who wishes to marry again requires permission from the Arbitration Council before doing so.

Most do not obtain it. The second nikah is performed anyway, and the consequences surface later — in a maintenance claim, in a dispute about the second wife's status, or when the first wife discovers what has happened.

What the law requires

Under the Muslim Family Laws Ordinance 1961, a man having a subsisting marriage must apply in writing to the Chairman of the Union Council for permission to contract another marriage.

The application must state whether the consent of the existing wife or wives has been obtained. An Arbitration Council is then constituted, and it considers whether the proposed marriage is necessary and just, and may grant permission subject to conditions.

Two features are worth stating plainly.

Consent of the existing wife is a central consideration, and her representative sits on the Arbitration Council. It is not a formality.

Permission is required before the marriage, not afterwards. Retrospective approval is not the scheme.

If permission was not obtained

The second marriage is not, on the prevailing view, void — but contravention carries consequences:

Immediate payment of dower. The entire dower due to the existing wife, prompt or deferred, becomes payable at once.

Penal consequences under the Ordinance, on complaint.

A ground in family proceedings. The existing wife may rely on it in a suit for dissolution, and it bears on maintenance and on the court's overall view.

For the man, the practical result is that an omission intended to avoid a difficult conversation produces a debt, a possible prosecution, and a materially weaker position in any proceedings that follow.

For the first wife

If your husband has married again without permission, you have options and they are worth taking advice on rather than acting on immediately:

  • Demand the dower, which has become payable in full
  • A complaint in respect of the contravention
  • Dissolution, where you wish to end the marriage — the contravention is a recognised ground
  • Maintenance for yourself and the children, which continues regardless of the second marriage. See maintenance for a wife and children
  • Recording your position, in writing, promptly

What does not help: confronting the second wife, or acting on rumour before establishing the facts. Establish first whether a nikah actually took place and whether it was registered — that is a matter of record.

For the second wife

This is the position least often advised on, and the most exposed.

A woman marrying a man with a subsisting marriage should establish, before the nikah:

  • Whether he is in fact already married
  • Whether permission was obtained, and ask to see it
  • Whether her own nikah will be registered — an unregistered second marriage is where the real difficulty lies

Her marriage is not invalidated by the absence of permission, but an unregistered marriage is extremely difficult to prove later — for maintenance, for the children's status and records, for succession, and for anything requiring documentary proof abroad.

Insist on registration. See the nikah nama: the clauses that matter and court marriage in Pakistan.

Children of a second marriage

Children's rights to maintenance and to inherit are not diminished by a defect in the permission procedure. Their position depends on the marriage being provable — which is, again, why registration matters more than anything else here.

Get the nikah nama registered, register the births, and ensure the records are consistent. See what to do when your CNIC is blocked and who inherits what in Pakistan.

Marriage abroad

A second marriage contracted outside Pakistan does not escape the requirement in respect of a Pakistani marriage, and it creates additional problems: many countries do not recognise polygamous marriages, which affects immigration status, spouse visas and succession in that country.

Overseas Pakistanis considering this should take advice in both jurisdictions before proceeding. See marrying a foreign national.

Practical advice

If you are considering a second marriage: apply for permission first. The process exists, it is not impossible to satisfy, and proceeding without it creates a financial liability that crystallises immediately and a legal position that worsens over time.

If you are the existing wife: establish the facts before acting, and take advice on the combination of remedies rather than pursuing one in isolation.

If you are the prospective second wife: ask to see the permission, and insist your marriage is registered. You are the party who bears the consequences of it not being.

How the firm can help

We advise on the permission procedure and represent parties before the Arbitration Council, and we act in the proceedings that follow a contravention — dower recovery, dissolution, maintenance, and complaints under the Ordinance.

We also deal with registration of marriages, late registration, and the record corrections that these situations frequently require.

These matters are handled with complete discretion. Contact the firm, or telephone the chambers if you would prefer to speak before putting anything in writing.