Family · For citizens
Second marriage? Permission first. In writing.
In short
Most people think it is the husband's choice alone. The Muslim Family Laws Ordinance says otherwise, and the first wife has a say.
By the FAI Legal editorial desk · 10 October 2026 · 9 slides · 2 min read
Quick test. Who says yes?
A married man wants a second marriage. Whose written permission does the law require first?
- A. His existing wife
- B. The Arbitration Council
- C. The Nikah Registrar
Answer: B. The Arbitration Council.
A married man needs the previous written permission of the Arbitration Council before another marriage.
“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.”
Muslim Family Laws Ordinance, 1961 · Section 6(1), Polygamy
How permission is decided.
The existing wife has a say. Her representative sits on the Council.
- Application to the ChairmanWith reasons, and whether the existing wife consents (s.6(2)).
- Council formedHusband and each existing wife nominate a representative (s.6(3)).
- Decision with reasonsGranted only if "necessary and just". Revision to the Collector (s.6(4)).
Married without it? He pays at once.
Section 6(5) of the federal text.
- Entire dower, immediatelyPrompt or deferred, to the existing wife or wives.
- If not paidRecoverable as arrears of land revenue.
- On conviction upon complaintSimple imprisonment up to one year, or fine up to Rs 5,000, or both.
A ground for divorce.
The first wife can ask the court to dissolve her marriage on this ground alone.
“that the husband has taken an additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961;”
Dissolution of Muslim Marriages Act, 1939 · Section 2(iia), Grounds for decree for dissolution of marriage
Check your province.
Provinces can amend these penalties. FAI tells you which text applies where you live.
- Keep your nikah namaAnd proof of the second marriage, if you have it.
- Note the datesWhen you found out and when it happened.
- Ask about your dowerSection 6(5) makes all of it payable at once.
Check your case. Free.
Ask FAI in your own words. It answers with the exact section and the judgments behind it.
- My husband married again without telling me. What are my rights?
- Can I file for divorce if he took a second wife without permission?
Example questions
What this does not mean
- The written permission comes from the Arbitration Council, not from the existing wife alone or the Nikah Registrar. The wife has a say through her representative on the Council (s.6(3)).
- The penalties quoted are from the federal text of section 6(5). Provinces can amend these penalties.
- A marriage contracted without permission shall not be registered under the Ordinance (s.6(1)).
Questions people ask
Is second marriage legal in Pakistan without permission?
A married man needs the previous written permission of the Arbitration Council before another marriage, and a marriage without it shall not be registered under the Ordinance (MFLO s.6(1)).
How to get permission for second marriage in Pakistan?
Apply to the Chairman with reasons, saying whether the existing wife consents (s.6(2)). The husband and each existing wife nominate a representative, and permission is granted only if necessary and just (s.6(3), (4)).
What is the punishment for second marriage without permission?
Under the federal text, the entire dower becomes payable at once to the existing wife or wives, and on conviction upon complaint, simple imprisonment up to one year, or fine up to Rs 5,000, or both (s.6(5)).
Can the first wife get a divorce if her husband marries again?
Yes. Taking an additional wife in contravention of the MFLO is a ground for dissolution of marriage (Dissolution of Muslim Marriages Act, 1939, s.2(iia)).
Does the first wife get her dower if he remarries without permission?
Yes. Under s.6(5) the entire dower, prompt or deferred, is payable immediately, and if not paid it is recoverable as arrears of land revenue.
Sources
- Muslim Family Laws Ordinance, 1961 · Section 6(1)
Polygamy Pakistan Code - Dissolution of Muslim Marriages Act, 1939 · Section 2(iia)
Grounds for decree for dissolution of marriage Pakistan Code
Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. How we check.
