The West
Pakistan Rules under the Muslim Family Laws’ Ordinance, 1961
[Gazette
of West Pakistan , Extraordinary, 20th July, 1961 ]
No. Integ. 4-5/61.---In
exercise of the 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)
“Registrar” means a register of nikahnamas 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 the purposes of clause (d) of section 2 shall be
as follows, namely:---
(a)
In the case of an application for
permission to contract another marriage under subsection (2) of section 6, it
shall be Union Council of the Union or Town where the existing wife of the
applicant, or where he 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 notice of talaq under subsection (1) of section 7,
it shall be the Union Council of the Union Council of the Union
or Town where the wife in relation to whom talaq
has been pronounced was residing at the time of the pronouncement of 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 at any time
residing with the person pronouncing the talaq
in any part of West Pakistan, the Union Council
of 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 pronouncing the talaq is permanently residing in the West
Pakistan ; and
(c)
in all cases of an application for
maintenance under section 9, it shall be the Union Council of the Union or Town
where 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 Town or Union 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 subsection (1) of section 7 of the Ordinance, are not known to the
husband and cannot, with due diligence, be ascertained by him, he may, with the
permission of the Chairman, serve the notice of talaq to the wife through her father, mother, adult brother or
adult sister, if any, and 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-rule (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 subsection (2) of section 6 or under subsection (1) of
section 9, or a notice under subsection (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 reason 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 outside Pakistan ,
the order may be served on such party through the Consular Officer of Pakistan
(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 wiring, directs otherwise.
6-A
--- (1) Whenever, 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 purposes of this Ordinance, and pending the passing of such
order 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.
REGISTRATION
OF MARRIAGE
7.
(1) Any person competent to
solemnize a marriage under Muslim Law may apply to the Union Council for the
grant of a licence as act as Nikah Registrar under section 5.
(2)
If the Union Council, after making
such enquiries as it may consider necessary, is satisfied that the applicant is
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 a 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.
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 Nikahnamas in Form II, and a seal bearing 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 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 where 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 the dower consist 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 II, 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 filled in as aforesaid shall
be supplied to the bride and the bridegroom, respectively, on payment of fifty
paisas 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
in Form II, to be had loose on payment of such price as may be determined by
the Provincial Government, the persons whose signatures are required in the Form
shall then sign, and the person solemnizing the marriage shall then affix his
signatures 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 sign 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 a marriage solemnized outside Pakistan by a person who is a citizen
of Pakistan, such person shall ensure delivery of Form II, filled in, 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, 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 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 Rule 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 may, 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 relations, willful avoidance of a decree for restitution of conjugal
rights, or insanity on the part of an existing wife.
15.
An application under subsection (1)
of section 6 for 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) An application for the revision
of a decision of an Arbitration Council, under subsection (4) of section 6, or
of a certificate under subsection (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.
RECORDS
AND THEIR INSPECTION, ETC.
17.
As soon as may be after the
Arbitration Council has given its decision under Rule 6, the record of the
proceedings before it in which such decision has been given shall be forwarded
by the Chairman to the office of the Unions Council, where it shall be
preserved for a period of five years from the date of the decision.
18.
(1) The quadruplicate of the Nikahnama forwarded by the Nikah
Registrar under sub-rule (2) of Rule 10 shall be preserved in the office of the
Union Council until such time as the register containing the originals is, on
being completed, deposited by the Nikah Registrar in such office.
(2)
The completed register so received
shall be preserved permanently.
(3)
In the office of the Union Council
there shall be prepared and maintained an index of the contents of every
register, and every entry in such index shall be made, so far as practicable,
immediately after Nikah Registrar has made an entry in the register.
(4)
The aforesaid index shall contain
the name, place of residence and father’s name of each party to every marriage
registered within the Union or Town, as the
case may be, and the dates of the marriage and registration.
19.
(1) Subject to the previous payment
of the fees prescribed in sub-rules (2) and (3), the index and the register
shall, at all reasonable times, be open to inspection at the office of the
Union Council by any person applying to inspect the same and copies of entries
in the index and the register, duly signed and sealed by the Chairman, shall be
given to all persons applying for such copies.
(2)
The fee for the inspection of an
index or register shall be fifty paisas.
(3)
The fee for a certified copy of all
or any of the entries relating to a marriage shall be---
(a)
for those in an index …
Fifty paisa
(b)
for those in a register …
Two rupees
(4)
Fees payable under this rule shall
be credited to the Union Council.
PAYMENT
OF FEES
20.
Except fees payable to the Nikah
Registrar, or the Union Council under the provisions of Rules 9, 10, 15 and 19,
which shall be paid in cash, all fees payable under these rules shall be paid
in non-judicial stamps.
COMPLAINTS
21.
No
Court shall take cognizance of any offence
under the Ordinance or these rules save on a complaint in writing by the Union
Council, stating the fact constituting the offence.
Local Amendment (Punjab ):
For Rule 21, substitute the following:---
21.
No
Court shall take cognizance of any
offence under the Ordinance or these rules save on a complaint in writing by
the aggrieved party, stating the facts constituting the offence.
FORM
I
(See rule 7)
Licence granted in pursuance of section 5(2) of the Muslim
Family Laws Ordinance, 1961 (VIII of 1961)
In
pursuance of subsection (2) of section 5 of the Muslim Family Laws Ordinance,
1961 (VIII of 1961), the Union Council/Union Committee/Town Committee of
……………….. in the district of …………………………… hereby grants this …………………….. day of
……………….19 ………………………….. to Mr. …………………………… son of ……………………………………….. resident of
………………………………………. This licence, subject to the conditions hereunder specified,
to be from the said date the Nikah Registrar for the following Ward/Wards:-
(1) Ward
…………………………. (2) Ward …………………………
(3) Ward
…………………………. (4) Ward …………………………
Signature
of the Chairman
Seal
CONDITIONS
1. This
licence is not transferable.
2. This
licence is revocable for breach of any of the provisions of the Muslim Family
Laws Ordinance, 1961 (VIII of 1961), or the rules made there-under or of any
condition of this licence.
3. The
registers and seal supplied to the Nikah Registrar shall be returnable to the
Union Council/Union Committee/Town Committee without refund of cost, when this
licence expires or is revoked.
4. The
Nikah Registrar shall not put the seal supplied to him to any improper use.
5. Such
other conditions, if any, as may be specified by the Provincial Government.
________________________
FORM
II
(See
Rules 8, 10, 11 and 12 at pages supra Form of Nikahnama prescribed by rule 8 of
the Muslim Family Laws Rules)
Form
of Nikahnama
(1)
Name of ward ……….………….… Town/Union
.………………….… Tehsil/Thana ………..………. and District ………………………. in which the marriage
took place.
(2)
Name of the bridegroom and his
father, with their respective residences ……………………………………………………………………...........................................
(3)
Age of bridegroom
…………………………………………………………………………
(4)
The names of the bride and her
father, with their respective residences
……………………………………………………………………………………………...…………………………………………………………………………………………………...
(5)
Whether the bride is a maiden, a
widow or a divorcee …………………………….......
(6)
Age of the bride
…………………………………………………………………………….
(7)
Name of Vakil, if any appointed by
the bride, her father’s name and his residence
………………………………………………………………………………………………...
(8)
The names of the witnesses to the
appointment of the bride’s Vakil with their fathers’ names, their residences
and their relationship with the bride.
(1)
………………………………………………………………………………………….
(2)
………………………………………………………………………………………….
(9)
Name of the Vakil, if any, appointed
by the bridegroom, his father’s name and his residence
…………………………………………………………………………………….
(10) The
names of the witnesses to the appointment of the bridgroom’s Vakil, with their
fathers’ names and their residences.
(1)
………………………………………………………………………………………….
(2)
………………………………………………………………………………………….
(11) Names
of the witnesses to the marriage, their fathers’ names and their residences;
(1)
………………………………………………………………………………………….
(2)
………………………………………………………………………………………….
(12) Date
on which the marriage was contacted ……………………………………………..
(13) Amount
of dower …………………………………………………………………………..
(14) How
much of the dower is mu’wajjal; (prompt) and how much ghair mu’wajjal
(deferred) ………………………………………………………………………………………………...
(15) Whether
any portion of the dower was paid at the time of marriage, if so, how much
…………………………………………………………………………………………
(16) Whether
any property was given in lieu of the whole or any portion of the dower with
specification of the same and its valuation agreed to between the parties
………………………………………………………………………………………………...
(17) Special
conditions, if any …………………………………………………………………..
(18) Whether
the husband has delegated the power of divorce to the wife, if so, under what
conditions …………………………………………………………………………….
(19) Whether
the husband’s right of divorce is in any way curtailed ……………………...
(20) Whether
any document was drawn up at the time of marriage relating to dower,
maintenance etc. if so, contents thereof in brief …………………………………………
(21) Whether
the bridegroom has any existing wife, and if so whether he has secured the
permission of the Arbitration Council, under the Muslim Family Laws Ordinance,
1961, to contract another marriage. …………………………………………
(22) Number
and date of the communication conveying to the bridegroom the permission of the
Arbitration Council to contract another marriage …………………
(23) Name
and address of the person by whom the marriage was solemnized and his father
………………………………………………………………………………………
(24) Date
of registration of marriage …………………………………………………………..
(25) Registration
fee paid: ………………………………………………………………………
|
Signature of bridegroom or his
Vakil
|
|
Signature of the witnesses to be
appointed of bridegroom’s Vakil
|
|
Signature of the bride
|
|
Signature of the Vakil of the
bride
|
|
Signature of the witnesses to be
appointed of the bride’s Vakil
|
|
Signature of the witnesses to the
marriage
|
|
Signature of the person who
solemnizes the marriage
|
(1)
……………………………………
(2)
……………………………………
|
|
|
Signature and seal of the Nikah
Registrar
|
|
Seal
|
|
|
_____________________________
No comments:
Post a Comment