Sie sind auf Seite 1von 12

Marriage : Rawalpindi

Marriage Muslim Marriage related informations for Pa… Search

Classic
Flipcard
Magazine
Mosaic
Sidebar
Snapshot
Timeslide

OCT Muslim Family Laws (Punjab Amendment) Act, 1975.


29 An Act further to amend the Muslim Family Laws Ordinance, 1961, in its application to
the Province of the Punjab
Preamble. WHEREAS it is expedient further to amend the Muslim Family Laws
Ordinance, 1961, in its application to the Province of the Punjab, in the manner
hereinafter appearing;

It is hereby enacted as follows:-


1. Short title, extent and commencement.

(1) This Act may be called the Muslim Family Laws (Punjab Amendment) Act, 1975.

(2) It shall extend to the whole of the Punjab.

(3) It shall come into force at once.


2. Amendment of section 9 of Ordinance No. VIII of 1961.

In the Muslim Family Laws Ordinance, 1961, in its application to the Province of the
Punjab, in section 9, in sub-section (2), the full-stop occurring at the end shall be
replaced by a colon and thereafter the following proviso shall be added, namely:-
揚rovided that the Commissioner of a Division may, on an application made in this
behalf and for reasons to be recorded, transfer an application, for revision of the
certificate from a Collector to any other Collector, or Commissioner in his Division

Posted 29th October 2015 by quran Matchmaker


Labels: 1961act, act1961, divorce, Family, Islamabad, law, maternity, maternity leave, Muslim family
law, nikah, nikah khawan, pregnancy leave, punjab act 1975, Rawalpindi, shriat

Tweet ‫‏ ‏‬

0
View comments

OCT AMENDMENT IN SECTIONS 5 AND 7 OF THE MUSLIM FAMILY


28 LAWS ORDINANCE, 1961
AMENDMENT IN SECTIONS 5 AND 7 OFViews
Dynamic THEtheme.
MUSLIMPowered by Blogger.

http://nikahkhawanpk.blogspot.com/search/label/Rawalpindi[12/9/2018 3:27:21 PM]


Marriage : Rawalpindi

FAMILY
LAWS ORDINANCE, 1961

The Muslim Family Laws Ordinance 1961 was promulgated


inter alia for the proper registration of

marriages and divorces, so as to


safeguard and protect the rights of women including their right to

maintenance,
etc. This Ordinance has been subjected to criticism not only from the point of
view of

Shariah but the women rights activists are also not fully satisfied
with it. This law has been reviewed,

time and again, by the Council of Islamic


Ideology and the Secretariat of the Law and Justice

Commission of Pakistan, and


amendments have been proposed to certain provisions thereof. Some

of its
provisions have been declared by the Federal
Shariat Court as repugnant to the injunctions of.

Islam and appeal against the judgment is pending in the Supreme Court. However,
sections 5 and 7

of the Ordinance need to be reviewed and reformed. Section 5


is reproduced as follows: ­

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 marriage under


this Ordinance, the Union
Council shall grant licence 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 contravenes the provisions of sub-section


(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 records to be preserved by Union
Councils, the manner in which marriage
shall be registered and copies of
nikahnama shall be supplied to the parties, and
the fees to be charged
thereof, 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 sub-section (5), or
obtain

'a copy of any entry therein.

This section is intended to regulate


procedure of Nikah and to keep record of marriages to avoid

possible
complications such as the paternity of children etc. Nothing in this section
seems to be

objectionable, however, non-registration of Nikah under sections 5


does not invalidate the Nikah, if

http://nikahkhawanpk.blogspot.com/search/label/Rawalpindi[12/9/2018 3:27:21 PM]


Marriage : Rawalpindi

otherwise such Nikah has been performed in


accordance with the requirements of Shariah. This is

also the view of the Federal Shariat Court


in the case of Allah Rakha v Federation of Pakistan, PLJ

2000
(36). For effectual
compliance with this provision, the punishment prescribed in sub-section 4
of
section 5 needs to be enhanced, as also proposed by the Federal Shariat Court in the same case

as
follows:

"Non-registration of Nikah
under Section 5 of the Muslim Family Laws Ordinance,
1961 as held by this Court in the
cases……… does not invalidate marriage/Nikah
itself merely on account of
non-registration of Nikah, if otherwise Nikah has been
performed in accordance
with the requirements of Islamic Shariah. We in view of
the above feel
inclined to recommend that the Government should clarify this
position in the provision
itself. '

We
may also observe that for having effectual compliance of the provision it
would
be desirable that the punishment   prescribed by
sub-section (4) of the
Section 5 be suitably enhanced as that prescribed presently' is not adequate
to attract strict compliance of the provision".

With regard to the Court's observation that the law be clarified,


it is submitted that there exist no

judgment of any court leading to the


conclusion that non-registration shall render the marriage invalid

or void. On
the other hand, such a clarification may. undo the object of the penal clause
altogether.

Thus, the penalty of fine prescribed in sub section (4) of section


(5) may be enhanced from

Rs.1,000/- to 
RS. 1 0,000/- as follows:

(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 ten thousand . rupees, or with both..

Section 7 of
the Ordinance is reproduced as follows:

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 notice in
writing of his having done so, and shall supply a copy thereof
to the wife.      .

(2) Whoever contravenes the provisions of sub-section


(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 sub-section (5) Talaq unless


revoked earlier, expressly or
otherwise, shall not be effective until the
expiration of ninety days from the day

http://nikahkhawanpk.blogspot.com/search/label/Rawalpindi[12/9/2018 3:27:21 PM]


Marriage : Rawalpindi

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
(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.

This section gives the procedure for keeping, the record of talaq to block not only the way of
unnecessary litigations and exploitation of divorced women but prevent hasty dissolution of
marriages by giving a
procedure for determining time when the talaq is to become effective and
prescribes a form for initiating reconciliation efforts between the estranged
husband and wife. The
purpose of this section is also to restrain the husband
from pronouncing talaq in an arbitrary manner.

According to sub sections (1) a notice of Talaq to the


Chairman Union Council is mandatory for

giving effect to divorce as was held in


judgments in the cases of Syed Ali Nawaz Gardezi v Lt. Col.

Muhammad Yousuf (
PLD 1963-SC-51) and Abdul Mannan v Safurun Nessa (1970 SCMR-845). The

subsequent judgments however rendered such mandatory requirement of notice of


talaq as directory

and it seems to have become practically a somewhat redundant


provision. Thus the husband can

easily blackmail, torture and harass the


divorced wife by withholding this notice, especially in cases

of remarriage by
the divorced women. It has often been observed that the validity of such
marriage is

challenged by the ex husband on the ground that he had not divorced


the wife or that she has

contracted a second marriage without going through the


process under section 7 of the Ordinance

1961. Resultantly in several such like


cases, women are involved in Hudood Cases, as for example

the case of Allah Dad


v Mukhtar (1992 SCMR 1273) where the verbally divorced wife was later on

involved in Zina under sections 10 and 16 of the offence of Zina (Enforcement


of Hudood) Ordinance

1979. The Court held;

It is now evident that a notice of talaq to the


Chairman is not mandatory under the
injunctions of Islam and any divorce
pronounced or written by a husband cannot be
ineffective or invalid in
Shariah merely because its notice has not been given to the
Chairman. -----­

http://nikahkhawanpk.blogspot.com/search/label/Rawalpindi[12/9/2018 3:27:21 PM]


Marriage : Rawalpindi

In the case of Mirza Qamer Raza v Mst Tahira Begum (PLD


1988 Kar 1697) also it was held that

ineffectiveness of talaq in absence of


notice to Chairmen, as envisaged by section 7 of the Muslim

Family Laws
Ordinance, is against the injunctions of Islam. This view was also upheld and
affirmed

by the Federal Shariat Court in the case of Muhammad Sarwar v


State (PLD 1988

FSC 42).
Furthermore, no time limit for
giving a notice of talaq to the Chairman has been provided in sub-

section (1).
A time limit of seven days may be prescribed.

The Aurat Foundation had long


before proposed a new sub-section (2) after sub­section (1) for

giving
safeguard to the verbally divorced wife which may be adopted alongwith
providing a same

safeguard to the husband in the case of verbal


talaq-i-tafveez. The proposed new sub-section (2)

and (3) are as under;

(2). Where a man who pronounces talaq


on his wife, in any form whatsoever, fails to
give the Chairman notice under
sub-section (1), the wife may give notice of the
same.
(3). The provision of subsection (2)
shall mutatis mutandis apply to the woman
enforcing talaq-i-tafveez.

In view of the above observations of the High Court,


Federal Shariat Court and the Supreme Court,

Section 7 of the Muslim Family


Laws Ordinance, 1961 needs
to be properly amended so that the
law may not be abused against the women who
are either verbally divorced or notice of talaq is held

up for ulterior
motives.

It is, therefore, proposed that;

1.                     Sub section (1) may be amended as


under; ­

(1) Any man who pronounces talaq on his wife


or any woman who
exercises her right of talaq-i-tafveez shall, within seven
days of the
pronouncement of talaq or talaq-i-tafveez, as the case may be, in
any
form whatsoever, give the Chairman notice in writing of his or her
having
done so, and shall supply a copy thereof to the other
party.                                                               .

2.                     The
following new sub-sections (2) and (3) may be added after sub-section
(1).               .

(2). Where a man who pronounces talaq on his wife, in


any form whatsoever,
fails to give the Chairman notice under subsection (1),
the wife may give
notice of the same.

http://nikahkhawanpk.blogspot.com/search/label/Rawalpindi[12/9/2018 3:27:21 PM]


Marriage : Rawalpindi

(3). The provision


of subsection (2) shall mutatis mutandis.
apply to the woman enforcing
talaq-i-tafveez.

3.              Sub-sections 2 to 6


may be renumbered as 4 to 8.

Comparative table showing existing provisions and proposed


amendments follows:

Comparative Table

Existing Provision Amended Provision

Section 5 Registrations. 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 marriage              No amendment


under this
Ordinance, the Union Council shall
grant licence to one or more persons, to
be
called Nikah Registrars, but in no case shall
more than one.Nikah
Registrar be licensed for
anyone ward. .
             No amendment
 
(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.

              No amendment
(4) Whoever contravenes the provisions of sub-
section
(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.
(4) Whoever contravenes the
provisions of sub-
(5) The form 0 Nikah-nama, the registers to be section' (3) shall be punishable with simple
maintained y Nikah Registrars, the records to imprisonment
for a term which may extend to
be preserved by Union Councils,
the manner. in three months or with fine which may extend to
which marriage shall be registered and copies ten thousand rupees, or with both.
of nikahnama
shall. be supplied to the parties,

http://nikahkhawanpk.blogspot.com/search/label/Rawalpindi[12/9/2018 3:27:21 PM]


Marriage : Rawalpindi

and the' fees to be charged thereof, shall


be
such as may be prescribed.
              No amendment
(6) Any person may, on payment of the
prescribed fee,
if any, inspect at the office of
the Union Council the record preserved under
sub-section (5), or obtain a copy of any entry
therein.
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 notice in writing
 No amendment
of his having done so, and shall supply a copy
thereof to
the wife.
Section 7
Talaq. (1) Any man who wishes to
divorce his wife or any woman who
exercises her' right of talaq-i-tafveez
shall, within seven days of the
pronouncement of talaq or
talaq.i-tafveez,
as the case may be, in any form whatsoever,
give the
Chairman notice in writing of his or her
having done so, and shall supply a
copy thereof
to the other party.

(2). Where a man who pronounces


talaq on his wife, in any form
whatsoever, fails to give the Chairman
notice
under subsection (1), the wife
may give notice of the same to the
Chairman.
(2) Whoever contravenes the provisions of sub- (3). The provision of sub­section
(2)
section
(1) shall be punishable with simple
shall mutatis mutandis apply to the
imprisonment for a" term which may
extend to
woman enforcing talaq-i-tafveez
one year or with fine which may extend to five
thousand rupees or
with both.

(3) Save as provided in sub­section (5)


Talaq unless revoked earlier,
expressly or
Sub-sections 2 to 6 may be renumbered as 4 to
otherwise, shall not be effective until the
8.
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 No amendment
of bringing about a reconciliation, between the
parties, and the
Arbitration Council shall take all
steps necessary to bring about such
reconciliation.

http://nikahkhawanpk.blogspot.com/search/label/Rawalpindi[12/9/2018 3:27:21 PM]


Marriage : Rawalpindi

(5) If the wife be pregnant at the time Talaq is


pronounced, Talaq shall not be effective until
the period mentioned in
sub-section (3) or the               No amendment
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.

              No amendment

              No amendment

Posted 28th October 2015 by quran Matchmaker


Labels: 1961act, divorce, Family, Islamabad, law, Muslim family law, nikah, nikah khawan,
Rawalpindi, shriat

Tweet ‫‏ ‏‬

1
View comments

OCT THE MUSLIM FAMILY LAWS ORDINANCE, 1961


28
THE MUSLIM FAMILY LAWS
ORDINANCE, 1961
[ORDINANCE NO. VIII OF 1961]
[15th July, 1961}
Preamble. 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.

http://nikahkhawanpk.blogspot.com/search/label/Rawalpindi[12/9/2018 3:27:21 PM]


Marriage : Rawalpindi

(3) It shall come into force on such date as the Central Government may, by
notification in the
official Gazette, appoint in this behalf.

2. Definitions. In this Ordinance, unless there is anything repugnant


in the subject or
context: --
(a) 'Arbitration Council' means a body consisting of the Chairman and
representative of each
of the parties to a matter deal with in this
Ordinance:
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;
(b) 'Chairman' means the Chairman of the Union Council or a person appointed
by the Central
or a Provincial Government, or by an officer authorized in
that behalf by any such
Government, to discharge the functions of Chairman
under this Ordinance:
Provided that where the Chairman of the Union Council is non-Muslim 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 select 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 Committee constituted
under the
Basic Democracies Order, 1959 (P.O (No, 18 of 1959), and 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
these 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.
(4) Whoever contravenes the provisions of sub-section (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 nikahnama, 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 nikahnama shall be supplied
to the parties, and the fees to be charged thereof, 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 sub-section (5), or
obtain a copy of any entry
therein.

http://nikahkhawanpk.blogspot.com/search/label/Rawalpindi[12/9/2018 3:27:21 PM]


Marriage : Rawalpindi

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 Sub-section (1) shall be submitted to
the Chairman in
the prescribed manner together with the prescribed fee, and
shall state 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 Sub-section (3), 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, in the case of West Pakistan to the
Collector and,
in the case of East Pakistan, to the Sub-Divisional Officer 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.

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 sub-section (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 sub-section (5) 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 Sub-section (1), the
Chairman shall
constitute an Arbitration Council for the purpose of bringing
about a conciliation 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 effect until the
period mentioned in Sub-section (3) or the pregnancy,
whichever later, ends.
(6) Nothing shall debar a wife whose marriage has been terminated by talaq
effective under
his 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

http://nikahkhawanpk.blogspot.com/search/label/Rawalpindi[12/9/2018 3:27:21 PM]


Marriage : Rawalpindi

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, in the case
of West Pakistan, to the Collector
and, in the case of East Pakistan, to the Sub-Divisional
Officer concerned
and his decision shall be final and shall not be called in question in any
Court.
Any amount payable under Sub-section (1) or, (2) if, not paid in the due
time, shall be
recoverable as arrears of land revenue.
PUNJAB AMENDMENT-PUNJAB ACT XI OF
1975
Amendment of Section 9 of Ordinance VIII of 1961. In the Muslim Family
Laws
Ordinance, 1961 in section 9, in sub-section (2), the full-stop
occurring at the end shall be
replaced by a colon and thereafter the
following proviso shall be added, namely: -
'Provided that the Commissioner of a Division may, on an application made in
this behalf and
for reasons to be recorded, transfer an application for
revision of the certificate from a
Collector to any other Collector, or to a
Director, Local Government, or to an Additional
Commissioner in his
Division'.

10. Dower. Where no details about the mode of payment of dower are
specified in the
nikahnama or the marriage contract, the entire amount of the
dower shall be presumed to be
payable on demand.

11. Power to make rules. The Provincial Government may make rules to
carry into effect
the purposes of this Ordinance.
The rules made under this section in the former Province of West Pakistan
are given at page
28 (infra} in this Manual. (Deleted by Ordinance XXVII of
1981.

12. Amendment of Child Marriage Restraint Act, 1929 (XIX of 1929).


In the Child Marriage Restraint Act. 1929 (XIX of 1929)-
(1) In section 2; --
(a) in clause (a) for the word 'fourteen' the word sixteen' shall be
substituted ;
(b) in clause (c), the word 'and' shall be omitted, and
(c) in clause (d), for the full-stop at the end, a comma shall be substituted
and thereafter the
following new clause (e) shall be added, namely :-
(e) 'Union Council' means the Union Council or the Town Committee constituted
under the
Basic Democracies Order, 1959 (P.O. No. 18 of 1959), within whose
jurisdiction a child
marriage is or is about to be solemnized.'
(2) Section 3 shall be omitted.
(3) In section 4, for words 'twenty-one' the word 'eighteen' shall be
substituted.
(4) In section 9, after the words 'under this Act', the words 'except on a
complaint made by
the Union Council, or if there is no Union Council in the
area, by such authority as the
Provincial Government may in this behalf
prescribe, and such cognizance shall in no case be
taken' shall be inserted ;
and
(5) Section 11 shall be omitted.]
Scope and object. The amendment of Child Marriage Restraint Act, 1929 has
made the
following changes in existing law :-
(1) A female under 16 years age shall be a child under the Act and it would
be an offence to
marry her.
(2) Previously male who married a child was liable to punishment under the
Act if he was

http://nikahkhawanpk.blogspot.com/search/label/Rawalpindi[12/9/2018 3:27:21 PM]


Marriage : Rawalpindi

above 21 years of age. Now that age has been reduced to 18


years, so that a male of 18 years
marrying a girl under 16 years of age would
be liable to punishment under section 4 of the
Act.
(3) Under section 9 offences under the Act would be cognizable only on the
complaint made by
the Union Council, or if there is no Union Council in the
area, by such authority as the
Provincial Government may in this behalf
prescribe.
(2. Deleted by Ordinance XXVII of 1981.)

I3. Amendment of the Dissolution of Muslim Marriages Act, 1939 (VIII of


1939). In
the Dissolution of Muslim Marriages Act, 1939 (VIII of 1939),
in section 2:
(a) After clause (ii), the following new clause (ii-a) shall be inserted,
namely
(ii-a) that the husband has taken any additional wife in contravention of the
provisions of the
Muslim Family Laws Ordinance, 1961'; and
(b) In clause (vii), for the word 'fifteen' the word 'sixteen' shall be
substituted.]

Posted 28th October 2015 by quran Matchmaker


Labels: 1961act, divorce, Family, Islamabad, law, Muslim family law, nikah, nikah khawan,
Rawalpindi, shriat

Tweet ‫‏ ‏‬

0
View comments

http://nikahkhawanpk.blogspot.com/search/label/Rawalpindi[12/9/2018 3:27:21 PM]

Das könnte Ihnen auch gefallen