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WEST PAKISTAN RULES UNDER MUSLIM FAMILY LAWS ORDINANCE, 1961 

 

10th July 1961

 

In exercise of powers conferred by section 11 of the Muslim Family Laws Ordinance, 1961 (VIII of 1961), the Governor of West Pakistan is pleased to make the following  rules,  namely:

 

 

PRELIMINARY

 

1.           These rules may be called the West Pakistan Rules under the Muslim Family Laws Ordinance, 1961.

 

2.           In these rules unless there is anything repugnant in the subject or context:

(a)         'Form' means a form appended to these rules;

 

(b)          'Ordinance' means the Muslim Family Laws Ordinance,

1961 (VIII of 1961 ;

 

(c)        'Register' means a register of Nikah Namas prescribed

under rule 8; and

(d)        'Section' means a section of the Ordinance.

 

 

ARBITRATION COUNCIL

 

3.           The Union Council which shall have jurisdiction in the matter for purpose of clause (d) of section 2, shall be as follows namely: –

 

(a)        in the case of an application to contract another marriage under 'subsection (2) of section 6, it shall be the Union Council of the Union or Town in which the existing wife of the applicant, or where the husband has more wives than one, the wife with whom the applicant was married last, is residing at the time of his making the application ;

 

Provided that if at the time of making the application, such wife is not residing in any part of West Pakistan, the union council that shall have jurisdiction shall be:—

i)          in case such wife was at any time residing with the applicant in any part of West Pakistan, the union Council of the Union or Town where such wife so last resided with the applicant ; and

ii)         in any other case, the Union Council of the union or Town where the applicant is permanently residing in West Pakistan;

 

(b)               in the case of a notice of talaq under sub-section (1) of section 7, it shall be the Union Council of the Union or Town in which the wife in relation to whom talaq has been pronounced was residing at the time of the pronouncement to talaq ;

Provided that if at the time of  pronouncement of talaq such wife was not residing in any part of West Pakistan, the union Council that shall have jurisdiction shall be:–

i)                    in case such wife was at any time residing with the person pronouncing the talaq in any part of West Pakistan, Union Council or the Union or Town where such wife so last resided with such person; and

ii)                   in any other case, the Union Council of the union or Town where the person pouncing the talaq is permanently residing in West Pakistan; and

 

( c )      in the case of an application for maintenance under section 9, it shall be the Union Council of the Union or Town in which the wife is residing at the time of her making the application, and where application under,, that section is made by more than one wife, it shall be the Union Council of the Union or Town in which the wife who makes the application first, is residing at the time of her making the application.

 

3-A.     Where the whereabouts of the wife who is to be supplied a copy of the notice of talaq under sub-section (1) of section 7 of the Ordinance, are not known to the husband, or cannot, with due diligence, be ascertained by him, he may, if so permitted by the Chairman, give notice of the talaq to the wife through her father, mother, adult brother or adult sister, or if their whereabouts are not known to the husband or cannot, with due diligence, be ascertained by him, he may, with the permission of the Chairman serve the notice of talaq on her by publication in a newspaper, approved by the Chairman, having circulation in the locality where he last resided with

 the wife.

 

4.        Where a non-Muslim has been elected as Chairman of a Union Council, the Council shall as soon as may be elect one of its Muslim members as Chairman for the purposes of the Ordinance, in the manner prescribed for the election of a Chairman of a Union Council.

 

5.        

(1)        All proceedings before an Arbitration Council shall be held in camera unless the Chairman otherwise directs with the consent of all the parties.

 

(2)        The Chairman shall conduct the proceedings of an Arbitration Council as expeditiously as possible.

 

(3)           Subject to the provisions of sub-ride (4), such proceedings shall not be vitiated by reason of a vacancy in the Arbitration .Council, whether on account of failure of any person to nominate a  representative or otherwise.

 

(4)        Where a vacancy arises otherwise than through failure to make a nomination, the Chairman shall require a

 fresh nomination.

 

(5)        No party to proceedings before an Arbitration Council shall be a member of the Arbitration Council.

 

(6)        All decisions of the Arbitration Council shall be taken by majority, and where no decision can be so taken, the decision of the Chairman shall be the decision of

the Arbitration Council.

 

(7)        A copy of the decision of the Arbitration Council duly attested by the Chairman, shall be furnished free of cost to each of the parties to the proceedings.

 

6.        

(1)        Within seven days of receiving an application under sub-section (4) of section 6 or under sub-section (1) of section 9, or a notice under sub-section (1) of section 7, the Chairman shall, by order in writing, call upon each of the parties to nominate his or her representative, and each such party shall, within seven days of receiving the order, nominate in writing a representative and deliver the nomination to the Chairman or send it to him by registered post.

 

(2)        Where a representative nominated by a party is, by reasons of illness or otherwise, unable to attend the meetings of the Arbitration Council, or willfully absents himself from such meeting, or has lost the confidence of the party, the party, may, with the previous permission in writing of the Chairman, revoke the nomination and make, within such time as the Chairman may allow, a fresh nomination.

           

Provided that where a party on whom the order is to be served is residing out side Pakistan, the order may be served on such party through the Consular Officer of Pakistan in or for the country where such party is residing.

 

(3)               Where a  fresh nomination is made under sub-rule (2), it shall not be necessary to commence the proceedings before the Arbitration Council de novo, unless the chairman, for reasons to be recorded in writing, directs otherwise.

 

 

6-A.     (1)        Where it is made to appear to the Collector whether on

the application of a party to the proceedings or on his own information, that the Chairman is interested in favour of a party to any proceedings before the Arbitration Council or is prejudiced against any such party, or that the Chairman is misconducting himself in any such proceedings the Collector may, after giving notice to all the parties to the proceedings, appoint any other member of the Union Council as the Chairman for purpose of this Ordinance, and pending the passing of such orders may stay the proceedings before the Arbitration Council.

 

(2)               A Collector passing an order under this rule shall record in  writing his reasons for the same.

 

7.         (1)        Any person competent to solemnize a marriage under

Muslim Law may apply to the Union Council for the grant of a licence to act as Nikah Registrar under section 5.

 

(2)        If the Union Council, after making such inquiries as it may consider necessary, is satisfied that the applicant is a fit and proper person for the grant of a licence, it may, subject to the conditions specified therein, grant a licence to him in Form I.

 

(3)               A licence granted under this rule shall be permanent

and shall be revocable only for the contravention of any of the conditions of the licence granted under this rule.

 

(4)        If any person to whom a licence has been granted under this rule contravenes any of the conditions of such licence, he shall be punishable with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred rupees, or with both.

 

Court Decisions

 

Qanun-e-Shahadat, 1984, Arts.85(4), 87 & 89‑‑‑Nikahnama is a public document and its certified copy can be issued by Nikah Registrar or Secretary of Union Council, which is admissible in evidence. 2002 C L C 518

Mst. Zubaida Bibi and others v. Mst. Majidan and another 1994 SCMR 1978 ref.

 

Licence of Nikah Registrar — Licence to act as Nikah Registrar is granted under the provisions of R.7 of the West Pakistan Rules under Muslim Family Laws Ordinance, 1961 as such the licence is permanent in nature and can be revoked only for violation of any of the conditions of the licence.

 

Petitioner was granted licence to act as Nikah Registrar and the licence was revoked by the Authorities on the complaint that he had shifted his residence – No Opportunity of hearing was given to the petitioner to show that he had not shifted his residence – Validity – Where no such opportunity was given to the petitioner to rebut the allegation made against him, he was condemned unheard – Authorities were not competent to pass the order of revocation of licence without hearing the petitioner and recording a specific finding to the effect that he had violated any of the conditions of the licence – Order passed by the Authorities was without lawful authority and of no legal effect – High Court set aside the order and restored the licence in circumstances. 2002 CLC 1405

1991 P.Cr.LJ 32 ref.

 

8.         (1)        The Union Council shall, on payment of such cost as

may be determined by the Provincial Government, supply to every Nikah Registrar a bound register of Nikahnama in Form II, and a seal bearing the inscription 'the seal of the Nikah Registrar of Ward (x) (y).

 

(2)               Each register shall contain fifty leaves consecutively numbered, each leaf having a Nikahnama, in the quadruplicate, and the number of leaves shall be certified by the Chairman.

 

(3)        Notwithstanding the payment of cost under sub-rule

(1), the register and the seal shall remain the property of the Union Council.

 

9.         (1)        For the registration of a marriage registered under

section 5, the Nikah Registrar shall be paid by the bridegroom or his representative a registration fee of two rupees, or when the dower exceeds two thousand rupees, a fee calculated at the rate of one rupee for every thousand or part of thousand rupees of such dower, subject to a maximum fee of twenty rupees.

 

(2)        Of the fees received under sub-rule (1) the Nikah

Registrar shall retain for himself eighty per cent and

shall pay the remaining twenty per cent to the Union

Council.

 

(3)        Where dower consists of property other than money or

partly of such property and partly of money, the

valuation of the property shall, for purposes of fees

under sub-rule (1), be the valuation as settled between,

the parties to the marriage.

 

10.       (1)        The Nikah Registrar shall, in the case of a marriage

solemnized by him, fill in Form 12, in quadruplicate, in the register, the persons, whose signatures are required in the form, shall then sign, and the Nikah Registrar shall then affix his signature and seal thereto, and keep the original intact in the register.

 

(2)        The duplicate and triplicate of the Nikahnama filed in as aforesaid, shall be supplied to the bride and the bridegroom respectively, on payment of fifty paisa each, and the quadruplicate shall be forwarded to the

 Union Council.

 

(3)        If any person required by this rule to sign the register, refuses so to sign, he shall be punishable with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred

rupees, or with both.

 

11.      

(1)               Where a marriage is solemnized in Pakistan by a person other than the Nikah Registrar, such person shall fill Form II, to be had lose on payment of such price as may be determined by the Provincial Government, the persons whose signatures required in the Form, shall then sing, and the person solemnizing the marriage then affix his signature to the Form and ensure delivery, as expeditiously as possible, of the same together with the registration fee to the Nikah Registrar of the Ward where the marriage is solemnized.

 

(2)        If any person required by this rule to sing the Form refuses so to sign, he shall be punishable with simple imprisonment for a term which may extend to one month, or with fine which may extend to two hundred

rupees, or with both.

 

12.

(1)               In the case of marriage solemnized outside Pakistan, by a person who is a citizen of Pakistan, such person shall ensure delivery of Form II, filled in accordance with the provisions of rule 11 together with the registration fee, to the Consular Officer of Pakistan in or for the country in which the marriage is solemnized, for onward transmission to the Nikah' Registrar of the Ward of which the bride is a permanent resident, and in case the bride is not a citizen of Pakistan, to the Nikah Registrar of the Ward of which the bridegroom is such resident.

 

(2)               In the case of a marriage solemnized outside Pakistan by a person who is not a citizen of Pakistan, the bridegroom, and where only the bride is such citizen, the bride shall, for purposes of filling in, as far as may be, Form II, be deemed to be the person who has solemnized the marriage under sub-rule (1).

 

13.       On receipt of Form II under rule 11 or 12, the Nikah Registrar shall proceed in the manner provided in rule 10 as if the marriage had been solemnized by him:

Provided that except where the marriage has been solemnized within his jurisdiction, it shall not be necessary for the Nikah Registrar to obtain the signatures of the necessary persons.

 

 

POLYGAMY

 

14.       In considering whether another proposed marriage is just and necessary during the continuance of an existing marriage the Arbitration Council any, without prejudice to its general powers to consider what is just and necessary, have regard to such circumstances, as the following amongst others :

 

Sterility, physical infirmity, physical unfitness for the conjugal relation, willful avoidance of a decree for restitution of conjugal rights, or insanity on the part of an existing wife.

 

15.       An application under sub-section (1) of section 6 of permission to contract another marriage during the subsistence of an existing marriage shall be in writing, shall state whether the consent of the existing wife or wives has been obtained thereto, shall contain a brief statement of the grounds on which the new marriage is alleged to be just and necessary, shall bear the signature of the applicant, and shall be accompanied by a fee of one hundred rupees.

 

 

REVISION

 

16.      

(1)        Application for the revision of a decision of an Arbitration Council, under sub-section (4) of section 6, or of a certificate under sub-section (2) of section 9, shall be preferred within thirty days of the decision or of the issue of the certificate, as the case may be, and shall be accompanied by a

fee of two rupees.

 

(2)        The application shall be in writing, set out the grounds on which the applicant seeks to have the decision or the certificate revised, and shall bear the signature of the applicant.

 

Court Decisions

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