THE MUSLIM FAMILY Regulations Mandate 1961
(VIII of 1961)
C O N T E N T S
Segment HEADING
- short title, degree, application, and initiation.
2. Definitions.
3. A mandate to supersede different regulations, and so forth.
4. Progression.
5. Enlistment of relationships.
- 6. Polygamy.
- 7. Talaq.
8. Disintegration of marriage in any case than by talaq.
9. Upkeep.
10. Dower.
11. Ability to make rules.
12. [Omitted]
13. [Omitted]
[1]THE MUSLIM FAMILY Regulations Statute 1961
(VIII of 1961)
[Second Walk, 1961]
A statute to give impact to specific suggestions of the Commission on Marriage and Family Regulations
While giving impact to specific suggestions of the Commission on Marriage and Family Laws is practical;
Presently, consequently, in compatibility with the Decree of the Seventh Day of October, 1958, and in the exercise of all powers empowering him for that sake, the President is satisfied to make and declare the accompanying mandate:
1. Short title, degree, application, and initiation: (1) This law might be known as the Muslim Family Regulations Mandate, 1961.
(2) It stretches out to the entire province of [2][the Punjab] and applies to all Muslim residents of Pakistan, wherever they may be.
[3] [3] It will come into force at once.
[4] [2. Definitions] In this mandate:
(a) "Discretion Board" signifies a body comprised of the Director and delegate of every one of the gatherings to a matter under the Statute; and, on the off chance that any party neglects to name a delegate inside the endorsed time, the body shaped without such a delegate will be the Mediation Chamber;
(b) "Director" signifies the Executive of an Association Gathering, Association Organisation, or Civil Panel, or any official approved by the public authority to release the elements of the Administrator under the law, and where the Administrator is a non-Muslim or he, at the end of the day, wishes to make an application to the Discretion Committee or is, inferable from disease or some other explanation, unfit to release the elements of the Director, the Mediation Chamber will choose one of its Muslim individuals as Executive;
(c) "Government" signifies the Legislature of the Punjab;
(d) "endorsed" refers to rules made under this Law that are recommended; and
(e) "Association Gathering" signifies an Association Chamber, Metropolitan Panel, Cantonment Board, Association Organisation, or, in the event of nonappearance of any of these neighbourhood legislatures in a neighbourhood, any other practically identical body comprised under any regulation connecting with the nearby states or nearby authorities.
3. A law to supersede different regulations, and so on. (1) The arrangements of this statute will have an impact despite any regulation, custom, or use, and the enrollment of Muslim relationships will happen just as per those arrangements.
(2) For the expulsion of uncertainty, it is thus announced that the arrangements of the Discretion Act, 1940 [5], the Code of Common Method, 1908 [6], and some other regulation directing the strategy of courts will not make a difference to any Mediation Chamber.
4. Progression.—In the event of the passing of any child or girl of the propositus before the launch of progression, the offspring of such a child or girl, if any, living at the time the progression opens will per se get an offer comparable to the one that such a child or little girl, by and large, would have gotten if alive.
5. Registration of Marriages: (1) Each marriage solemnized under Muslim Regulation will be enrolled as per the arrangements of this Law.
[7] [(2) With the end goal of enlisting relationships under this statute, the Association Committee will allow licences to at least one person, to be called Nikah Registrars.]
(3) Each marriage not solemnized by the Nikah Recorder will, with the end goal of enlistment under this Mandate, be accounted for to him by the individual who has solemnized such a marriage.
(4) Whoever contradicts the arrangements of sub-segment (3) will be culpable with straightforward detention for a term that might reach out to 90 days, with a fine that might stretch out to 1,000 rupees, or with both.
(5) The type of nikahnama, the registers to be kept up with by Nikah Enlistment centres, the records to be safeguarded by Association Committees, how relationships will be enrolled and duplicate nikahnamas shall be provided to the gatherings, and the expenses to be charged therefor, for example, might be endorsed.
(6) Any individual may, on installment of the recommended expense, if any, review at the workplace of the Association Board the record protected under sub-segment (5) or get a duplicate of any section in that.
6. Polygamy.--(1) No man, during the resource of a current marriage, will, besides with the past authorization recorded as a hard copy of the Mediation Chamber, contract another marriage, and any such marriage contracted without such consent will not be enlisted under this statute.
(2) An application for authorization under sub-segment (1) will be submitted to the Executive in the recommended way, along with the endorsed charge, and will state the explanations behind the proposed marriage and whether the assent of existing spouses or wives has been obtained thereto.
[8] [(2A) The Nikah Enlistment Centre or the individual who solemnizes a Nikah will precisely fill every one of the segments of the nikahnama structure with the explicit responses of the lady of the hour or the bridegroom.]
(3) On receipt of the application under sub-area (2), the director will ask the candidate and his current spouse or wives to each name a delegate, and the intervention chamber so comprised may, whenever it is satisfied that the proposed marriage is essential and just, award, subject to such circumstances, if any, as might be considered fit, the consent applied for.
[9] [4] In the event that an individual negates the arrangement of:
(I) Subsection (2A), he will be rebuffed to basic detention for a term that might reach out to one month and a fine of 25 thousand rupees; and
(ii) Subsection (3), he will be rebuffed to basic detention for a term that might stretch out to 90 days and a fine of 100,000 rupees.
(5) Any man who gets one more marriage without the consent of the Assertion Gathering will
(a) pay quickly the whole measure of the dower, whether brief or conceded, because of the current spouse or wives, which sum, while possibly not all that paid, will be recoverable as overdue debts of land income; and
[10] [(b) on conviction upon objection, be culpable with the straightforward detention that might reach out to one year and with a fine of 500,000 rupees.]
7. Talaq.—(1) Any man who wishes to separate from his significant other will, when it might be after the profession of talaq in any structure at all, give the executive notification recorded as a hard copy of his having done as such and will supply a duplicate thereof to the spouse.
(2) Whoever contradicts the arrangements of sub-segment (1) will be culpable with basic detention for a term that might reach out to one year, or with a fine that might stretch out to 5,000 rupees, or with both.
(3) Save as given in sub-segment (5), a talaq, except if disavowed prior, explicitly, etc., will not be viable until the termination of ninety days from the day on which notice under sub-area (1) is conveyed to the executive.
(4) In something like thirty days of the receipt of notice under sub-segment (1), the director will comprise a mediation committee to achieve a compromise between the gatherings, and the discretion board will make all efforts important to achieve such a compromise.
(5) Assuming the spouse is pregnant at the time talaq is articulated, talaq will not have an impact until the period referenced in sub-segment [11] [3] or the pregnancy, whichever is later, closes.
(6) Nothing will prevent a spouse whose marriage has been ended by talaq viable under this segment from remarrying a similar husband, without an interceding marriage with a third individual, except if such an end is compelling for the third time.
[12] [(1A) In the event that a dad neglects to keep up with his kid, the mother or grandma of the youngster may, as well as looking for some other legitimate cure, apply to the director, who will comprise a discretion committee, and the Mediation Chamber might give a testament determining the sum which will be paid by the dad as support for the child.]
(2) A spouse or wife may, in the recommended way, inside the endorsed period and on installment of the recommended charge, lean towards an application for correction of the declaration, [13] [to the Collector] concerned, and his choice will be conclusive and will not be referred to in any court.
(3) Any sum payable under sub-area (1) or (2), on the off chance that it is not paid eventually, will be recoverable as unfulfilled obligations of land income [14]. [:]
[15] [Provided that the Magistrate of a Division may, on an application made for this sake and because of motivations to be recorded, move an application for an update of the endorsement from a gatherer to some other authority, or to a chief, nearby government, or to an extra magistrate in his division,]
10. Dower. Where no insights concerning the method of installment of dower are determined in the nikahnama, or marriage contract, the whole measure of the dower will be due and payable on request.
11. Ability to make rules (1) The [16] [[17] [Federal Government] in regard of the cantonment regions and the commonwealth government in regard of other areas may make rules to convey into impact the reasons for this statute.
(2) In making rules under this part, [the government] might provide that a violation of any of the guidelines will be punishable with basic detention, which might reach out to one month, or with a fine, which might stretch out to 200 rupees, or with both.
(3) Rules made under this part will be distributed in the authority newspaper and will immediately have impact as though authorized in this law.
[19][12. * * * * *]
[20][13. * * * * *]
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[1] In compatibility with the Decree of the Seventh Day of October, 1958, and in the exercise of all powers empowering him for that sake, the Leader of Pakistan was satisfied to make and declare this statute, which was distributed in the Journal of Pakistan, 1961 (remarkable), dated July 15, 1961, p. 1128.
This law was initially within the government's ambit; be that as it may, the subject on which this regulation was established degenerated to the territories by the uprightness of the eighteenth amendment in the Constitution, and subsequently, it was adjusted, with corrections, for the area of the Punjab by the Muslim Family Regulations (Alteration) Act 2015 (XIII of 2015).
substituted for "Pakistan" by the Muslim Family Regulations (Alteration) Act 2015 (XIII of 2015).
[3] Substituted by the Muslim Family Regulations (Change) Act 2015 (XIII of 2015) for the accompanying:
"(3) It will come into force on such date as the [Federal Government] may, by warning in the authority periodical, select for this benefit."
The words in crotchets were before filled in for "focal government" by the Administrative Variation Request 1975, craftsmanship. 2 and Table (w.e.f. July 28th, 1975).
[4] Substituted by the Muslim Family Regulations (Correction) Act 2015 (XIII of 2015) for the accompanying:
"2. Definitions.— In this mandate, except if there is anything disgusting in the subject or setting:
(a) 'Discretion Gathering' signifies a body comprising of the Executive and delegate of every one of the gatherings to a matter arrangement with this statute:
Given that, where any party neglects to name a delegate inside the endorsed time, the body framed without such an agent will be the Mediation Chamber;
(b) 'Executive' signifies the Director of the Association Chamber or an individual selected by the focal or commonplace government, or by an official approved for that purpose by any such government, to release the elements of an administrator under this statute:
Given that where the Administrator of the Association Gathering is a non-Muslim or he, at the end of the day, wishes to make an application to "the Mediation Chamber," or is inferable from an ailment or some other explanation, unfit to release the elements of executive authority, the Committee will choose one of its Muslim individuals as Director for the motivations behind this law;
(c) "Recommended" signifies endorsement by rules made under Area 11;
(d) "Association Board" signifies the Association Gathering of the Town Advisory Group, comprised under the Essential Popular Governments Request, 1959 (P.O. No. 18 of 1959), and having regard for this situation's purview as recommended;
(e) 'Ward,' meaning a ward inside an association or town as characterised in the previously mentioned request,
[5]X of 1940
[6]V of 1908
[7] Substituted by the Muslim Family Regulations (Correction) Act 2015 (XIII of 2015) for the accompanying:
"(2) With the end goal of enlisting relationships under this Law, the Association Board will give licences to at least one person, to be called Nikah Recorders, yet in no situation will more than one Nikah Recorder be authorised for any one Ward."
[8] A new sub-area (2A) is embedded in the Muslim Family Regulations (Revision) Act 2015 (XIII of 2015).
[9] Substituted by the Muslim Family Regulations (Correction) Act 2015 (XIII of 2015) for the accompanying:
"(4) In concluding the application, the Mediation Gathering will record its purposes behind the choice, and any party may, in the recommended way, inside the endorsed period, and on installment of the recommended charge, favour an application for modification [to the Collector] concerned, and his choice will be conclusive and will not be brought or referred to in any court."
The words in crotchets were before filled in for ", on account of West Pakistan, to the Gatherer, and, on account of East Pakistan, to the Sub-Divisional Official" by the Government Transformation Request 1975, Workmanship. 2 and Sch (w.e.f. July 28th, 1975).
[10] Substituted by the Muslim Family Regulations (Revision) Act 2015 (XIII of 2015) for the accompanying:
"(b) on conviction upon grievance, be culpable with straightforward detainment, which might reach out to one year, or with a fine, which might stretch out to 5,000 rupees, or with both."
[11] was substituted for "(2)" by the Muslim Family Regulations (Second Alteration) Mandate 1961 (XXX of 1961).
[12] A new sub-area (1A) is embedded in the Muslim Family Regulations (Change) Act 2015 (XIII of 2015).
[13] Substituted for "on account of West Pakistan to the Gatherer and, on account of East Pakistan, to the Sub-Divisional Official" by the Government Transformation Request 1975, Workmanship. 2 and Sch (w.e.f. July 28th, 1975).
[14] Substituted for in full by the Muslim Family Regulations (Punjab Alteration) Act, 1975 (XI of 1975).
[15]Proviso promotion
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