MARRIAGE LAW IN PAKISTAN

The legal system of Pakistan is based on English

common law and Islamic law. The former is more
influential in commercial law while the later is more
influential in personal status, criminal and tax law to
some extent.
 Family laws in Pakistan are a blend of codified law and
customary law based on religious norms, also termed as
‘Personal Law’
 Presently about fifty one (51) family laws are
enforceable in Pakistan, out of which thirty seven (37)
laws are federal, while the remaining are provincial
About sixteen (16) family laws deal specifically with
family matters relating to Muslims, three (3) with
Christians, eleven (11)with Hindus, one (1) federal law
each with Sikhs and Parsis, while about nineteen (19) are
applicable across the board to all citizens of Pakistan,
with a few exceptions.
  Law and Application target group
 Dissolution of Muslim Marriages Act 1939 (Muslim)

 Muslim Family Laws Ordinance, 1961 (Muslim)

 Family Courts Act, 1964 (Muslim) 

 The Divorce Act, 1869 (Christian)

  Parsi Marriage and Divorce Act, 1936 (Parsi) 

 Dowry and Bridal Gifts (Restriction) Act 1976(All citizens of

Pakistan)
 Guardians and Wards Act (applicable to all citizens Pakistan
but the communities may follow their own personal law
instead)
 MARRIAGE

It is the legal union of a man and a woman as husband

and wife with mutual consent. Under Muslim Personal
Law, ‘marriage or Nikkah is a religious legal contract
that regularizes the sexual relationship between man and
woman.
Common law regards marriage as a civil contract with the
following conditions:

 Parties are legally capable of contracting marriage

 Mutual consent or agreement

 An actual contracting in the form prescribe

 REGISTRATION OF MARRIAGE

 Every marriage solemnized under Muslim Law shall be

registered in accordance with the provisions of the
Ordinance.
  For the purpose of registration of marriages under this
Ordinance, the Union Council shall grant licenses to one
or more persons, to be called Nikkah Registrars.
 MUSLIM MARRIAGE

The Muslim Family Laws Ordinance, 1961, deals with

inter alia., the modes for the dissolution of Muslim
marriage, maintenance and dower.
 MEHER

 Meher is a mandatory payment, in the form of money or

possessions paid or promised to pay by the groom, or by
groom's father, to the bride at the time of marriage, that
legally becomes her property.
 The specified dower is further sub-classified into
“prompt” and “deferred” dower. The prompt dower is
payable immediately at the time of marriage..
 POLYGAMY

 Written Permission
 Arbitration Council

 Nomination of representative by existing wife and husband

MUSLIM FAMILY LAW ORDINANCE 1961
‘’Talaq’’ or dissolution of marriage is the ending of a
marriage before the death of either spouse.
 By the husband at his will

 By mutual consent of the husband and wife(section 8)

 By a judicial decree at the suit of the husband or wife.

 Husband pronounces Talaq (Article 7 of Muslim family
law ordinance)

 A verbal Talaq is not recognized by law and the

husband’s failure to send written notice to the
government office is treated as no divorce in law.
 Talaq-al-mariz (Divorce by the Sick)
 Talaq Against a Minor or Insane Wife

 Talaq-e-tafviz: (Delegation of the Power of Talaq)

 Khul’a

 Dissolution of Muslim Marriages Act 1939

 Any ground recognized as valid for the dissolution of marriage
under Muslim law are to be presented by wife for Khul’a in
court.

 There basic 10 such basic conditions mentioned in the Muslim

law.
THE ISSUE OF THE PAYMENT OF CONSIDERATION IN
CASE OF KHUL’A

 without compensation

 with compensation.
 CHRISTIAN MARRIAGE AND
DIVORCE
 Issues concerning dissolution of marriage amongst
Christians are dealt under the Divorce Act, 1869.
 
 The primary concept of dissolution of marriage in
Christianity is through the death of one of the spouses.
Divorce during the spouses’ lifetime is permitted only on
very restricted grounds for both husband and wife
through court intervention.
 HINDU MARRIAGE

There is no right of divorce and right to second marriage

under Hindu religion. The prevailing Hindu personal
laws in Pakistan are inadequate in contrast to the laws in
India that provide these rights.
  
PARSI MARRIAGE

In Parsi law, including the Parsi Marriage and Divorce

Act, 1936, any of the spouses can have the marriage
dissolved by the following three modes, though there
appears a little distinction between the rights of husband
and wife in this respect: 
 Suit for nullity

 Suit for dissolution of marriage

 Suit for divorce

 
Thank You