Permission for Second Marriage in Pakistan — Bigamy Law, Section 6 and Free Samples

Supporting Affidavit: What Does the Applicant Swear to?

A supporting affidavit is the applicant’s own statement verifying marital history, the real reason for requesting another marriage and the actual status of the existing spouse’s consent. It does not issue, prove or substitute for the Arbitration Council’s prior written permission. Rule 15 expressly calls for a signed written application and brief grounds, but does not by itself prescribe a separate affidavit as a universal requirement. Some receiving offices may request an affidavit as part of local filing practice.

In the affidavit, identify actual facts and dates, do not insert every conceivable reason from a template, and do not make unsupported medical or character allegations. An oath must actually be sworn or affirmed before an authorized officer where required.

Illustrative Reasons for a Section 6 Supporting Affidavit

Rule 14 refers to sterility, physical infirmity, physical unfitness for conjugal relations, deliberate non-compliance with a restitution of conjugal rights decree and serious mental incapacity, among other possible circumstances. In practical applications, prolonged childlessness may be explained with accurate dates without automatically blaming the wife; any serious mental or physical condition should be supported by reliable evidence; and prolonged separate residence may be described with its duration and attempted reconciliation without calling residence with parents misconduct.

These are illustrative circumstances rather than guaranteed grounds for approval. The Arbitration Council examines whether the proposal is necessary and just in the circumstances. Protect confidential medical information and avoid stigmatizing language.

What Does Permission for Bigamy Mean in Pakistani Family Law?

The everyday term “bigamy permission” refers here to permission for another marriage while a prior Muslim marriage remains subsisting. Section 6 of the Muslim Family Laws Ordinance, 1961 describes the legal issue as polygamy. It imposes a prior written permission requirement rather than treating a second marriage as a private transaction between the proposed spouses. The written decision of the competent Arbitration Council must precede the later Nikah.

A sample permission certificate is useful for recognizing the kind of record a Union Council may issue, but it is not a government authorization. The applicant needs a proper application, a legally constituted Council process and the recorded decision.

Section 6 and the Requirement of Previous Written Permission

Section 6(1) prohibits a man who is already married from contracting an additional marriage without previous written permission of the Arbitration Council. Section 6(2) requires a written application to the Chairman explaining the reasons and whether consent from the existing wife or wives has been obtained. The existing marriage and the relevant family circumstances must be disclosed honestly.

A notarized undertaking, private affidavit, unsigned draft, lawyer’s letter or sample found online is not the permission specified by the Ordinance. The timing matters: approval sought after a marriage is not the same as approval obtained before it.

Role of the Union Council Chairman and Arbitration Council

The Chairman receives the application. Section 6 requires the applicant and the existing wife or wives to be asked to nominate representatives. The Arbitration Council considers the reasons and decides whether the proposed marriage is necessary and just. It can impose conditions where authorized and must record reasons for its decision.

This statutory process protects participation and a recorded decision. Applicants should preserve copies of submissions, notices, acknowledgements and the order. Never rely on a pre-printed blank certificate as evidence that permission was actually granted.

Which Union Council Has Jurisdiction?

Rule 3 of the 1961 procedural rules generally assigns a second-marriage application to the Union Council for the locality where the existing wife resides when the application is made. Where there are multiple existing wives, the rule refers to the residence of the wife most recently married. Local and provincial changes should be verified before filing.

For example, a person working in Karachi cannot assume any conveniently located Council has jurisdiction if the existing wife lives in another district. Giving an incorrect address may cause notice and procedural problems.

How to Draft an Application for Permission for Second Marriage

A properly drafted application identifies the applicant, his CNIC and residence, the existing marriage, the existing spouse, reasons for the proposed marriage, and whether the existing wife has consented. The applicant requests consideration by the Arbitration Council under section 6, states the facts without exaggeration and signs and dates the request.

Rule 15 describes a signed written application and a brief statement of grounds. Handwriting is not prohibited by this general format. The receiving office should confirm its current prescribed requirements, fee, identity documents and supporting evidence.

Documents to Prepare Before Filing

Practical supporting papers may include the applicant’s identity document, existing Nikah Nama or marriage record, full name and address of the wife or wives, a statement of reasons, and any genuine written consent or correspondence relevant to the disclosed consent position. If either party resides abroad, service arrangements and authority for any representative should be checked.

A nationwide mandatory list should not be inferred from one Union Council’s practice. Applicants must follow the applicable local rules and should never submit altered identity records, forged consent or a borrowed official seal.

Is the First Wife’s Consent Mandatory or Sufficient?

The federal-text section 6 requires disclosure of whether consent has been obtained and requires the Arbitration Council to consider whether the additional marriage is necessary and just. The existence or absence of consent is material; it is not a substitute for the Council’s written permission. Provincial amendments and actual facts may affect the analysis.

The Punjab Commission on the Status of Women describes enhanced protections under Punjab’s 2015 amendments. It is especially important to check the statute applicable to the particular Council, instead of stating one consent rule without any provincial qualification.

How the Arbitration Council Considers Necessity and Justice

Rule 14 sets out certain non-exhaustive factors that an Arbitration Council may consider, without confining its power to those examples. The list is historically worded and should not be treated as an automatic entitlement or an invitation to make allegations about an existing spouse. The Council must evaluate the genuine circumstances and record its reasons.

Any person drafting grounds should avoid stigma, medical speculation or invented allegations. A useful application explains concrete facts and the proposed arrangements for maintaining existing obligations.

Islamic Teachings: Surah An-Nisa 4:3

The Qur’an discusses plural marriage in Surah An-Nisa, verse 3. It permits marriage to two, three or four women in the stated context, while emphasizing that if fair treatment cannot be maintained, the direction is to marry one. Justice is therefore central to the Islamic discussion, not an optional afterthought.

This verse does not itself provide the written approval of a Pakistani Arbitration Council. A person seeking an additional marriage must distinguish religious discussion from a statutory authorization required under the national and applicable provincial legal framework.

Islamic Teachings: Surah An-Nisa 4:129 and Hadith

Surah An-Nisa 4:129 acknowledges that complete emotional equality is beyond human control yet warns against such total preference that another wife is left suspended. Sunan Abi Dawud, Hadith 2133, warns against unfair inclination between two wives. Read together, these sources emphasize responsibility, fair provision and avoiding harm.

These religious references are discussed for general education; individual questions of Islamic jurisprudence should be referred to a qualified scholar, while statutory permission remains a matter for the competent Council.

Second Marriage Without Permission: Legal Consequences

Section 6(5) provides that outstanding prompt and deferred dower owed to the existing wife or wives becomes payable immediately if another marriage is contracted without the requisite permission. The provision also contemplates punishment following conviction upon complaint. Marriage validity, registration and financial or criminal consequences should not be collapsed into a single assertion.

The original federal-text penalty clause differs from Punjab’s amended text. Punjab’s 2015 amendment provides imprisonment that may extend to one year and a fine of PKR 500,000. Legal practitioners must check current law in Sindh, Punjab, Islamabad and other regions before advising on a specific penalty.

Difference Between an Application and Permission Certificate

An application is the husband’s written request for approval. A permission certificate or letter records a competent authority’s decision if approval is granted. In the educational sample, Union Council number, locality, application number, applicant name and all dates are blanks, and no genuine official signature or seal appears.

The downloadable sample is marked SAMPLE so nobody should mistake it for a real approval. It must not be modified to falsely imply that a Council has decided an actual case. Only the relevant authority can issue authentic permission.

What Happens at the Hearing and After the Decision?

After the application is accepted, the Chairman follows the rules regarding representatives and notices. The Council considers the parties’ circumstances, statutory criteria and records its decision. Parties should request the authenticated record and observe applicable rules for any challenge or revision.

If permission is granted, read conditions carefully before contracting the proposed Nikah. If refused, obtain legal advice about lawful review instead of attempting to recreate the decision on a blank specimen.

Rights of the Existing Wife and Family Obligations

The process must not ignore an existing spouse’s rights. Unpaid dower, lawful maintenance, children’s welfare, genuine financial capacity and the practical possibility of fair treatment matter. Requiring or procuring a signature through pressure can lead to further disputes and does not replace a lawfully constituted Arbitration Council’s decision.

An accurate application should present the proposal transparently and avoid turning general specimen wording into claims about a specific spouse.

Advice for Overseas Pakistanis and Cross-District Cases

Overseas residence, a spouse living in another district, an existing family dispute and uncertain service arrangements can affect the relevant Union Council and the evidence needed. First identify where the existing wife normally resides for jurisdiction and verify the current local rules before sending documents.

A Pakistani lawyer can help assess whether representation is possible, how notices are served, and which documentary steps cannot be completed by a generic form alone.

How to Use the Free Specimen and Blank Application

Use the simple Urdu specimen only to understand likely headings, fields and decision-record layout. Use the separate application draft to organize your request. Neither document carries a seal, an individual officer’s signature, a case decision or a real Council number. Leave blank fields blank until accurate factual information is available.

The site offers print-friendly educational versions of both documents. Open the format, then use your browser’s Print or Save as PDF feature. For filing and for any actual permission certificate, follow the directions of the competent Union Council.

Three Supporting Documents and Blank Specimens

Open the specimen and the application separately. Both have blank Council, name, city and date fields, without a government seal or a real signature. To obtain a PDF locally, open either document and choose Print → Save as PDF in your browser.

Each printable form states SAMPLE — NOT AN OFFICIAL PERMISSION and must not be presented as an issued government certificate.

Frequently Asked Questions

Primary Legal and Religious Sources

• Muslim Family Laws Ordinance, 1961 — Section 6
• Rules Under the Muslim Family Laws Ordinance, 1961 — Rules 3, 14, 15
• Punjab Muslim Family Laws (Amendment) Act, 2015
• Qur’an — An-Nisa 4:3
• Qur’an — An-Nisa 4:129
• Sunan Abi Dawud — Hadith 2133

Source review: 22 October 2026. Recheck provincial amendments and current local filing rules before acting.