Domestic Violence Laws
Kindly note that the discussions are underway to legislate and criminalize domestic violence at national level, wherein Domestic Violence (Protection and Prevention) Bill 2021 is under consideration in the parliament (introduced as of July, 2021), recurrently being rejected by the opposition. The laws safeguarding women from domestic violence at provincial level are as follows:
Punjab Protection of Women against Violence Act (2016)
Explanation: Domestic violence means, the violence committed by the defendant with whom the aggrieved is living or has lived in a house when they are related to each other by consanguinity, marriage or adoption. Violence means any offence committed against the human body of the aggrieved person including abetment of an offence, domestic violence, sexual violence, psychological abuse, economic abuse, stalking or a cybercrime.
Punishments: Victims of domestic violence can approach the court themselves, or through the Women Protection Officers, to obtain Interim, Protection, Residence or Monetary Orders to prevent further violence, retain the right to reside in the marital home, and obtain maintenance from the accused. The period of validity of an order will be defined by the Court. Violation of the terms of any Order mentioned above can result in imprisonment of up to 1 year, or fine ranging from Rs. 50,000 to Rs. 200,000.
Sindh Domestic Violence Prevention and Protection Act 2013
Explanation: Domestic Violence includes but is not limited to, all intentional acts of gender based and other physical or psychological abuse committed by a respondent against women, children or other vulnerable persons, with whom the respondent is or has been in a domestic relationship including
Punishment: Emotional, psychological and verbal abuse shall be punishable with imprisonment of minimum six months or with fine to be paid as compensation to the aggrieved person which shall not be less than ten thousand rupees or with both.
Sexual abuse offences such as compelling the wife to cohabit with anybody other than the husband or any kind of sexual abuse including sexual harassment of a member of the family shall be punishable with imprisonment of either description not less than two years or with compensation to the aggrieved party which shall not be less than fifty thousand rupees or with both.
Any person who commits “Economic abuse” which includes deprivation of economic or financial resources or prohibition or restriction to continue access to such resources which the aggrieved person is ordinarily entitled to has to pay compensation to the aggrieved person for suffering as a consequence of economic abuse to be determined by the court.
Khyber Pakhtunkhwa Domestic Violence Prevention and Protection Act 2021
Explanation: Domestic violence means that violence committed by the complainee against the complainant with whom the complainant is in a domestic relationship. Violence means and include but not limited to an act, omission, commission, or conduct of the complainee which result in any physical, psychological, emotional or economic abuse to the complainant and also include, but not limited to, abetment, assault, criminal force, hurt, mischief and wrongful confinement, as defined in the code.
Punishment: Any person, who commits the offence of Domestic Violence shall be liable to imprisonment for a period not less than one year and up to maximum of five years, in addition to fine provided for the said offence.
Baluchistan Domestic Violence Prevention and Protection Act 2014
Explanation: Domestic Violence includes but is not limited to, all intentional acts of gender based or other physical or psychological abuse committed by an accused against women, children or other vulnerable persons with whom the accused is or has been in a domestic relationship.
Punishment: Under this Act, an “aggrieved person” can put an application against an “accused person” in the court within whose jurisdiction offence was committed for seeking any relief under this Act. An application made under this act shall be disposed of within a period of thirty days and any adjournment given during the hearing of the application shall be granted for reasons to be recorded in writing by the Court. The court may, at any stage of the application, give protection order or for any other relief under this Act grant temporary custody of an aggrieved person.
Criminal Law (Amendment) (Offences in the name or pretext of Honor) Act, 2016
Amendment of Section 299 (Pakistan penal Code, 1860): Of Offences Affecting Life
“Fasad-fil-arz, a concept used to decide severity of punishment awarded, including the offender’s past convictions, extreme nature of the offence, and the offender being a danger to the community, now includes offences committed in the name of honor”. The inclusion of this amendment ensures severe punishment for honor crimes.
Amendment of Section 300 (Pakistan Penal Code, 1860): Qatl-e-Amd
Whoever, with the intention of causing death or with the intention of causing bodily injury to a person, by doing an act which in the ordinary course of nature is likely to cause death, or with-the knowledge that his act is so imminently dangerous that it must in all probability cause death, causes the death of such person, is said to commit qatl-e-amd.
Amendment of Section 302 (Pakistan Penal Code, 1860): Punishment of Qatl-e-Amd
Whoever commits qatl-e-amd shall be: (a) punished with death as qisas or (b) punished with death or imprisonment for life as ta’zir having regard to the facts and circumstances of the case, if the proof in either of the forms specified in Section 304 is not available.
Amendment of Section 311 (Pakistan Penal Code, 1860): Ta’zir after Waiver or Compounding of Right of Qisas in Qatl-i-amd
Where the wali, does not waive or compound the right of qisas, or if the principle of fasad-fil-arz is attracted, the court may, having regard to the facts and circumstances of the case, punish an offender against whom the right of qisas has been waived or compounded with death or imprisonment for life or imprisonment of either description for a term of which may extend to fourteen years as ta’zir : Provided that if the offence has been committed in the name or on the pretext of honor, the punishment shall be imprisonment for life.
Section 365 (Pakistan Penal Code):
Kidnapping, Abducting or Inducing a Women to Compel for Marriage Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced, or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment for life, and shall also he liable to fine; and whoever by means of criminal intimidation as defined in this Code, or of abuse of authority or any other method of compulsion, induces any woman to go from any place with intent that she may be, or knowing that it is likely that she will be, forced or seduced to illicit intercourse with another person shall also be punishable as aforesaid.
Section 338 (Pakistan Penal Code, 1860): Isqat-i-Hamal (Forced Abortion)
Whoever causes woman with child whose organs have not been formed, to miscarry, if such miscarriage is not caused in good faith for the purpose of saving the life of the woman, or providing necessary treatment to her, is said to cause isqat-i-hamal.
Section 338 (Pakistan Penal Code, 1860): Punishment of Isqat-i-Hamal (Forced Abortion)
Whoever cause isqat-i-haml shall be liable to punishment as ta’zir: (a) with imprisonment of either description for a term which may extend to three years, if isqat-i- haml is caused with the consent of the woman; or (b) with imprisonment of either description for a term which may extend to ten years, if isqat-i- haml is caused without the consent of the woman: provided that, if as a result of isqat-i-haml, any hurt is caused to woman or she dies, the convict shall also be liable to the punishment provided for such hurt or death as the case may be.
Section 375 (Pakistan Penal Code, 1860): Rape
Rape is defined as, ‘A man is said to commit rape who has sexual intercourse with a woman under circumstances falling under any of the five following descriptions, (i) against her will; (ii) without her consent; (iii) with her consent, when the consent has been obtained by putting her in fear of death or of hurt; (iv) with her consent, when the man knows that he is not married to her and that the consent is given because she believes that the man is another person to whom she is or believes herself to be married; or (v) with or without her consent when she is under sixteen years of age.
Explanation: Penetration is sufficient to constitute the sexual intercourse necessary to the offence of rape.
Section 376 (Pakistan Penal Code, 1860): Punishment for Rape
Whoever commits rape shall be punished with death or imprisonment of either description for a term which shall not be less than ten years or more than twenty-five years and shall also be liable to fine.
Section 376 (Pakistan Penal Code, 1860): Punishment for Gang Rape
When rape is committed by two or more persons in furtherance of common intention of all, each of such persons shall be punished with death or imprisonment for life.
Section 376A (Pakistan Penal Code, 1860): Disclosure of identity of victim of rape, etc.
Whoever prints or publishes name or any matter which may make known identity of victim, against whom an offence under sections 354A, 376, 376A, 377 and 377B is alleged or found to have been committed, shall be punished with imprisonment of either description for a term which may extend to three years and shall also be liable to fine.
Section 376B (Pakistan Penal Code, 1860): Exceptional First Offenders or Repeat Offenders
Whoever is convicted of an offence under sections 375, 375A and 376 may be subjected to chemical castration through a court order, irrespective of the applicable punishment: in exceptional circumstances in respect of the first reported offence of section 375; or (ii) in case of a repeat convict of an offence under section 375.
Explanation. – “Chemical castration” means a process, duly notified by Rules framed by the Prime Minister, whereby a person is rendered incapable of performing sexual intercourse for any period of his life, as may be determined by the court, through administration of drugs which shall be conducted through a notified medical board.”.
Section 377A (Pakistan Penal Code, 1860): Sexual Abuse
Whoever employs, uses, forces, persuades, induces, entices, or coerces any person to engage in, or assist any other person to engage in fondling, stroking, caressing, exhibitionism, voyeurism or any obscene or sexually explicit conduct or simulation of such conduct either independently or in conjunction with other acts, with or without consent where age of person is less than eighteen years, is said to commit the offence of sexual abuse.
Section 377B (Pakistan Penal Code, 1860): Punishment of Sexual Abuse
Whoever commits the offence of sexual abuse shall be punished with imprisonment of either description for a term which may extend to seven years and liable to fine which shall not be less than five hundred thousand rupees or with both.
Section 354 (Pakistan Penal Code, 1860): Assault or Criminal Force to Woman with Intent to Outrage her Modesty
Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
Section 354A (Pakistan Penal Code, 1860):Assault or Use of Criminal Force to Woman and Stripping her of her Clothes
If a person assaults a woman using force, strips off her clothes and exposes her to public view, he is liable to be punished with death or lifelong imprisonment, and shall also be liable to fine.
Prevention of Electronic Crimes Act, 2016
Section 16: Unauthorized Use of Identity Information
(1) Whoever obtains, sells, possesses, transmits or uses another person’s identity information without authorization shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to five million rupees, or with both. (2) Any person whose identity information is obtained, sold, possessed, used or transmitted may apply to the Authority for securing, destroying, blocking access or preventing transmission of identity information referred to in sub-section (1) and the Authority on receipt of such application may take such measures as deemed appropriate for securing, destroying or preventing transmission of such identity information.
Section 18: Offences against Dignity of a Person
Whoever intentionally and publicly exhibits or displays or transmits any information through any information system, which he knows to be false, and intimidates or harms the reputation or privacy of a natural person, shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to one million rupees or with both
Section 21: Offences against Modesty of a Natural Person and Minor
Whoever intentionally and publicly exhibits or displays or transmits any information which, (a) superimposes a photograph of the face of a natural person over any sexually explicit image or video; or (b) includes a photograph or a video of a natural person in sexually explicit conduct; or (c) intimidates a natural person with any sexual act, or any sexually explicit image or video of a natural person; or (d) cultivates, entices or induces a natural person to engage in a sexually explicit act, through an information system to harm a natural person or his reputation, or to take revenge, or to create hatred or to blackmail, shall be punished with imprisonment for a term which may extend to five years or with fine which may extend to five million rupees or with both.
Section 24: Cyber Stalking
A person commits the offence of cyber stalking who, with the intent to coerce or intimidate or harass any person, uses information system, information system network, the Internet, website, electronic mail or any other similar means of communication to, (a) follow a person or contacts or attempts to contact such person to foster personal interaction repeatedly despite a clear indication of disinterest by such person; (b) monitor the use by a person of the internet, electronic mail, text message or any other form of electronic communication; (c) watch or spy upon a person in a manner that results in fear of violence or serious alarm or distress, in the mind of such person; or (d) take a photograph or make a video of any person and displays or distributes it without his consent in a manner that harms a person, shall be punished with imprisonment for a term which may extend to three years or with fine which may extend to one million rupees or with both.
Harassment in public places is defined as, “intending to insult the modesty of any woman, utter any word, makes any sound or gesture, or exhibit any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman.” (Source: Pakistan Penal Code, 1860)
Section 294 (Pakistan Penal Code, 1860): Obscene acts and songs:
Whoever, to the annoyance of others, (a) does any obscene act in any public place, or (b) sings, recites or utters any obscene songs, ballad or words, in or near any public place, shall be punished with imprisonment of either description for a term which may extend to three months, or with fine, or with both.
Section 354A (Pakistan Penal Code, 1860): Assault or use of criminal force to woman and stripping her of her clothes:
If a person assaults a woman using force, strips off her clothes and exposes her to public view, he is liable to be punished with death or lifelong imprisonment, and shall also be liable to fine.
Section 509 (Pakistan Penal Code, 1860): Word, gesture or act intended to insult the modesty of a woman
1) Whoever, intending to insult the modesty of any woman, utters any word, makes any sound or gesture, or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both (2) If a person demands sexual favours and uses a verbal or non-verbal form of communication, causing any kind of annoyance, the person is liable to a punishment of three years or fine or both.
Section 510 (Pakistan Penal Code, 1860): Misconduct in public by a drunken person
If a drunk person appears in any public place and causes annoyance to any person including women, he could be punished with imprisonment, or with fine or with both.
The Act defines “Harassment” as any unwelcome sexual advance, request for sexual favors or other verbal or written communication or physical conduct of a sexual nature, or sexually demanding attitudes, causing interference with work performance or creating an intimidating, hostile or offensive work environment, or the attempt to punish the complainant for refusal to comply to such a request or is made a condition for employment. The aforementioned facts include unacceptable behavior in the organization and at the workplace, including any interaction or situation that is linked to official work or activity outside office. There are three manifestations of harassment in the workplace environment:
Abuse of authority
Creating a hostile environment and
Retaliation
Kindly note that each organization shall constitute an Inquiry Committee within thirty days of the enactment of this Act to enquire into complaints under this Act. The Committee shall consist of three members of whom at least one member shall be a woman.
If the Inquiry Committee finds the accused to be guilty it shall recommend to the Competent Authority for imposing one or more of the following penalties:
The Minor penalties:
Censure;
Withholding for a specific period, promotion or increment;
Stoppage, for a specific period, at an efficiency bar in the time-scale, otherwise than for an unfitness to cross such bar;
Recovery of the compensation payable to the complainant from pay or any other source of the accused;
The Major penalties include:
Reduction to a lower post or time-scale, or to a lower stage in a time-scale;
Compulsory retirement;
Removal from service;
Dismissal from service
Fine. A part of the fine can be used as compensation for the complainant. In case of the owner, the fine shall be payable to the complainant.
Section 336A (Pakistan Penal Code, 1860): Hurt caused by Corrosive Substance
Whoever with the intention or knowingly causes or attempts to cause hurt by means of a corrosive substance which is deleterious to the human body when it is swallowed, inhaled, comes into contact or received into the human body or otherwise shall be said to cause hurt by corrosive substance.
Section 336B (Pakistan Penal Code, 1860: Punishment for hurt by corrosive substance
Whoever causes hurt by corrosive substances shall be punished with imprisonment for life or imprisonment of either description which shall not be less than fourteen years and a minimum fine of one million rupees.
Explanation. __ In this subsection, unless the context otherwise requires, “corrosive substance” means a substance which may destroy, cause hurt, deface or dismember any organ of the human body and includes every kind of acid, poison, explosive or explosive substance, heating substance, noxious thing, arsenic or any other chemical which has a corroding effect and which is deleterious to human body.
Family Courts Act, 1964
Section 3: Establishment of Family Courts
(1) Government shall establish one or more Family Courts in each District or at such other place or places as it may deem necessary and appoint a Judge for each of such Court: Provided that at least one Family Court in each District, shall be presided over by a woman Judge to be appointed within a period of six months or within such period as the Federal Government may, on the request of Provincial Government, extend.
Section 5: Jurisdiction
Subject to the provisions of the Muslim Family Laws Ordinance, 1961, and the Conciliation Courts Ordinance, 1961, the Family Courts shall have exclusive jurisdiction to entertain, hear and adjudicate upon matters specified in the Schedule i.e. 1- Dissolution of marriage, 2- Dower, 3- Maintenance, 4- Restitution of conjugal rights, 5- Custody of children, 6- Guardianship, 7- Jactitation of marriage and 8- Dowry.
Section 7: Institution of suits
(1) Every suit before a Family Court shall be instituted by the presentation of a complaint or in such other manner and in such Court as may be prescribed.
(2) The complaint shall contain all [material] facts relating to the dispute and shall contain a Schedule giving the number of witnesses intended to be produced in support of the plaint, the names and addresses of the witnesses and brief summary of the facts to which they would depose: [i] Provided that a plaint for dissolution of marriage shall contain all claims relating to dowry, maintenance, dower, personal property, custody of children and right of visit to meet children [ii] Provided that parties may, with the permission of the Court, call any witness at any later stage, if the Court considers such evidence expedient in the interest of justice.
Section 10: Pre-trial proceedings.
(1) When the written statement is filed, the Court shall fix an early date for a pre-trial hearing of the case.
(2) On the date so fixed, the Court shall examine the complaint, the written statement (if any) and the evidence and documents filed by the parties and shall also, if it so deems fit, hear the parties and their counsel.
(3) At the pre-trial, the Court shall ascertain the points at issue between the parties and attempt to effect a compromise or reconciliation between the parties, if this be possible.
(4) If no compromise or reconciliation is possible the Court shall frame the issues in the case and fix a date for [recording] of evidence.
(5) In a suit for dissolution of marriage on the sole ground of Khula, the Court shall determine and restore to the husband benefits, derived by the wife in consideration of marriage and pass a decree of dissolution of marriage.
Section 11: Recording of evidence
(1) On the date fixed for [recording of the evidence] the Family Court shall examine the witnesses produced by the parties in such order as it deems fit.
(2) The Court shall not issue any summons for the appearance of any witness unless, within three days of the framing of issues, any party intimates the Court that it desires a witness to be summoned through the Court and the Court is satisfied that it is not possible or practicable for such party to produce the witness.
(3) The witnesses shall give their evidence in their own words: [i] Provided that the parties or their counsel may further examine, cross-examine or re-examine the witnesses. [ii] Provided further that the Family Court may forbid any question which it regards as indecent, scandalous or frivolous or which appears to it to be intended to insult or annoy or needlessly offensive in form.
Section 12: Conclusion of Trial
(1) After the close of evidence of both sides, the Family Court shall make another effort to effect a compromise or reconciliation between the parties.
(2) If such compromise or reconciliation is not possible, the Family Court shall announce its judgement and give a decree.
[12-A] Certain cases to be disposed of within a specified period. Notwithstanding anything contained hereinbefore, a suit for dissolution of marriage shall finally be disposed of within a period of four months from its institution: Provided that where an appeal lies against the dissolution of marriage, such appeal shall be disposed of within four months.
Section 13: Enforcement of Decrees
(1) The Family Court shall pass a decree in such form and in such manner as may be prescribed, and shall enter its particulars in the prescribed register.
(2) If any money is paid or any property is delivered in the presence of the Family Court, in satisfaction of the decree, it shall enter the fact of payment [or] the delivery of property, as the case may be, in the aforesaid register.
(3) The Family Court shall, while passing decree of dissolution of marriage, determine the remaining claims in the plaint
(4) The Family Court may, while dismissing the suit of the wife for dissolution of marriage, pass a decree for restitution of conjugal rights in favour of the husband, if such claim is established.
(5) The Family Court may, while dismissing the suit of the husband for restitution of conjugal rights, pass a decree in respect of any claim made by the wife in the written statement
(6) Where a decree relates to the payment of money and the decretal amount is not paid within time specified by the Court, the same shall, if the Court so direct be recovered as arrears of land revenue, and on recovery shall be paid to the decree-holder.
(7) The decree shall be executed by the Court, passing it or by such other Civil Court as the District Judge may, by special or general order, direct.
(8) A Family Court may, if it so deems fit, direct that any money to be paid under a decree passed by it be paid in such instalments as it deems fit.
Prevention of Anti-Women Practices Act, 2011
The Prevention of Anti-Women Practices (Criminal Law Amendment) Act 2011 prohibits several oppressive and discriminatory customs practiced towards women in Pakistan.
The customary practices that are criminalised under this Act include:
Section 310(A) (Pakistan Penal Code, 1860): Punishment for giving a Female in Marriage or otherwise in badlaesulh, wanni or swara
Whoever gives a female in marriage or otherwise compels her to enter into marriage, as badlaesulh, wanni, or swara or any other custom or practice under any name, in consideration of settling a civil dispute or a criminal liability, shall be punished with imprisonment of either description for a term which may extend to seven years but shall not be less than three years and shall also be liable to fine of five hundred thousand rupees
Section 498(A) (Pakistan Penal Code, 1860): Prohibition of Depriving Women form Inheriting Property
Whoever by deceitful or illegal means deprives any woman from inheriting any movable or immovable property at the time of opening of succession shall be punished with imprisonment for either description for a term which may extend to ten years but not be less than five years or with a fine of one million rupees or both.
Section 498(B) (Pakistan Penal Code, 1860): Prohibition of Forced Marriage
Whoever coerces or in any manner whatsoever compels a woman to enter into marriage shall be punished with imprisonment of either description for a term, which may extend to seven years or for a term which shall not be less than three years and shall also be liable to fine of five hundred thousand rupees [Provided that in case of a female child as defined in the child as defined in the Child Marriage Restraint Act, 1929 (XIX of 1929), or a nonMuslim woman, the accused shall be punished with imprisonment of either description for a term which may extend to ten years but shall not be less than five years and shall also be liable to fine which may extend to one million rupees.
Section 498(C) (Pakistan Penal Code, 1860): Prohibition of Marriage with the Holy Quran
Whoever compels or arranges or facilitates the marriage of a woman with the Holy Quran shall be punished with imprisonment of either description which may extend to seven years which shall not be less than three years and shall be liable to fine of five hundred thousand rupees. Explanation Oath by a woman on Holy Quran to remain unmarried for the rest of her life or, not to claim her share of inheritance shall be deemed to be marriage with the Holy Quran.”.
An Act to consolidate and clarify the provisions of Muslim Law relating to suits for dissolution of marriage by women married under Muslim Law and to remove doubts as to the effect of the renunciation of Islam by a married woman on her marriage tie.
1. Short title and extent.
(1) This Act may be called the Dissolution of Muslim Marriages Act, 1939. (2) It extends to all the provinces and the Capital of the Federation.
2. Grounds for Decree for Dissolution of Marriage.
A woman married under Muslim Law shall be entitled to obtain a decree for the dissolution of her marriage on any one or more of the following grounds, namely that:
(i) the whereabouts of the husband have not been known for a period of four years;
(ii) the husband has neglected or has failed to provide for her maintenance for a period of two years; (ii-A) that the husband has taken an additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961;
(iii) the husband has been sentenced to imprisonment for a period of seven years or upwards;
(iv) the husband has failed to perform, without reasonable cause, his marital obligations for a period of three years;
(v) the husband was impotent at the time of the marriage and continues to be so;
(vi) the husband has been insane for a period of two years or is suffering from leprosy or a virulent venereal disease;
(vii) she, having been given in marriage by her father or other guardian before she attained the age of sixteen years, repudiated the marriage before attaining the age of eighteen years: Provided that the marriage has not been consummated;
(viii) the husband treats her with cruelty, that is to say, (a) habitually assaults her or makes her life miserable by cruelty of conduct even if such conduct does not amount to physical ill-treatment, or (b) associates with women of evil repute of leads an infamous life, or (c) attempts to force her to lead an immoral life, or (d) disposes of her property or prevents her exercising her legal rights over it, or (e) obstructs her in the observance of her religious profession or practice, or (f) if he has more wives than one, does not treat her equitably in accordance with the injunctions of the Quran,
(ix) on any other ground which is recognized as valid for the dissolution of marriages under Muslim Law,
Provided that: (a) no decree passed on ground (i) shall take effect for a period of six months from the date of such decree, and if the husband appears either in person or through an authorized agent within that period and satisfies the Court he is prepared to perform his conjugal duties the Court shall set aside the said decree; and (b) before passing a decree on ground (v) the Court shall, on application by the husband, make an order requiring the husband to satisfy the Court within a period of one year from the date of such order that he has ceased to be impotent, and if the husband so satisfied the Court within such period, no decree shall be passed on the said ground.
3. Notice to be served on heirs of the husband when the husband’s whereabouts are not known.
In a suit to which clause (i) of section 2 applies: (a) the names and addresses of the persons who would have been heirs of the husband under Muslim Law if he had died on the date of the filing of the plaint shall be stated in the plaint. (b) notice of the suit shall be served on such persons, and (c) such persons shall have the right to be heard in the suit: Provided that paternal-uncle and brother of the husband, if any, shall be cited as party even if he or they are not heirs.
4. Right to dower is not affected:
Nothing contained in this Act shall affect any right which a married woman may have under Muslim law to her dower or any part thereof on the dissolution of her marriage
An Ordinance to give effect to certain recommendations of the commission on Marriage and Family Laws.
(a) “Arbitration Council” means a body consisting of the Chairman and a representative of each of the parties to a matter dealt with 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 Federal Government in the Cantonment areas or by the Provincial Government in other areas or by an Officer authorised in that behalf by any such Government to discharge the functions of chairman under Ordinance.
Registration of marriage:
(1) Every marriage solemnised 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 licenses to one or more persons, to be called Nikah Registrars, but in no case shall more than on 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 such-section (i) shall be punishable with simple imprisonment for a term which may extent 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 records to be preserved by Union Councils, the manner in which marriage shall be registered and copies of nikhanama shall be supplied to parties, and the fees to be charged thereof, shall be such as may be prescribed.
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 condition 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, to the Collector 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 the simple imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both.
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 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 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 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.
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.
Maintenance:
(1) If any husband fails to maintain his wife adequately, or where there are 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, to the Collector concerned and his decision shall be final and shall not be called in question in any Court.
(3) Any amount payable under Sub-section (1) or, (2) if, not paid in the due time, shall be recoverable as arrears of land revenue.
Offences Pertaining to Marriage (PPC, 1860)
Section 493 (Pakistan Penal Code, 1860): Cohabitation caused by a Man Deceitfully Inducing a Belief of Lawful Marriage:
Every man who deceitfully causes any woman who is not lawfully married to him to believe to believe that she is lawfully
married to him and to cohabit with him in that belief, shall be punished with rigorous imprisonment for a term
which may extend to twenty five years and shall also be liable to fine.
Section 494 (Pakistan Penal Code, 1860): Marrying again during Lifetime of Husband or Wife
Whoever, having a husband or wife living, marries in any case in which such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
Exception: This section does not extend to any person whose marriage with such husband or wife has been declared void by a Court of competent jurisdiction, nor to any person who contracts a marriage during the life of a former husband or wife, if such husband or wife, at the time of the subsequent marriage, shall have been continually absent from such person for the space of seven years, and shall not have been heard of by such person as being alive within that time provided the person contracting such subsequent marriage shall, before such marriage takes place, inform the person with whom such marriage is contracted of the real state of facts so far as the same are within his or her knowledge.
Section 495 (Pakistan Penal Code, 1860): Concealment of Former Marriage from Person with whom Subsequent Marriage is Contracted
Whoever commits the offence defined in the last preceding section having concealed from the person with whom the subsequent marriage is contracted, the fact of the former marriage, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Dowry and Bridal Gifts Restriction Act, 1976
Neither the aggregate value of the dowry and presents given to the bride by her parents nor the aggregate value of the bridal gifts or of the presents given to the bridegroom shall exceed five thousand rupees. All property given as dowry or as bridal gifts and all property given to the bride as a present shall vest absolutely in the bride and her interest in property however derived shall hereafter not be restrictive, conditional or limited. Whoever conflicts with any provision of this Act or the rules made thereunder shall be punishable with imprisonment of either description for a term which may extend to six months, or with fine or with both and the dowry, bridal gifts or presents given or accepted in contravention of the provisions of this Act shall be forfeited to the Federal Government to be utilized for the marriage of poor girls in such a way as may be prescribed by rules made under this Act.