The Muslim Family Laws Ordinance 1961

Details of the Law

Sections

Description

Section-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.

Section-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 licenses 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.
  4. Whoever  disregards  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.

Section-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:
    • 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
    • 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.
  • Section-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 subsection (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.

Section-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.

Section-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.

Section-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.