Muslim family laws ordinance 1961

An Ordinance to give effect to certain recommendations of the Commission on Marriage and Family Laws. In clause b of subsection 5 , the fine has been changed to Rs. O No, 18 of , and having in the matter jurisdiction as prescribed. The following sections of the previous act have been amended:

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Dissolution of marriage otherwise than by talaq.

In Section 5, 2A has been inserted after subsection 2: Short title, extent, application and commencement. 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 dissolve 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.

In this Ordinance, unless there is anything repugnant in the subject or context. Skip to main content. Polygamy 5 Any man who contracts another marriage without the permission of the Arbitration Council shall, a […] and, b on conviction upon complaint be punishable with simple imprisonment which may extend to one year, or with fine which may extend to five thousand rupees, or with both. Notwithstanding anything contained in any other law for the time being in force, an offence under this Ordinance shall be tried by a Court within the local limits of whose jurisdiction- a the offence was committed; or b the complainant or the accused resides or last resided.

The changes make it mandatory that all the entries of the nikahnama be properly filled or there will be a fine of 25, rupees and one month imprisonment. In clause b of subsection 5the fine has been changed to Rs. Registration of Marriages 1 Every marriage solemnized under Muslim Law shall be registered in accordance with the provisions of this Ordinance.

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Where no details about the mode of payment of dower are specified in the nikah nama, or the marriage contract, the entire amount of the dower shall be prescribed to be payable on demand. An Ordinance to give effect to certain recommendations of the Commission on Marriage and Family Laws. In the event of the death of any son or daughter of the propositus before the opening of succession, the children of such son or daughter, if any, living at the time the succession opens, shall per stirpes receive a share equivalent to the share which such son or daughter, as the case may be, would have received if alive.

O No, 18 ofand having in the matter jurisdiction as prescribed. The specified imprisonment term and fine mentioned in 4 have been changed to one month and Rs.

Muslim Family Laws Ordinance, 1961, Ordinance VIII

The fine on a man contracting a second marriage without following due procedure is now 5 lac rupees. Subsection 1A has been inserted after 1: Ordinance to override other Laws, etc.

In the Dissolution of Muslim Marriages Act, in section 2,- a after clause iithe following new clause iia shall be inserted, namely: The amendment also ensures the grant of appropriate maintenance to children by fathers, by allowing fammily mother or the grandmother of the child to approach the Union Council of her area directly, without having to acquire the services of a lawyer. For the person who solemnizes a marriage in place of the Nikah Registrar and fails to report to the Nikah Registrar, there is now a fine of 1 lac rupees and three months imprisonment.

The following sections of the previous act have been amended:

4 thoughts on “Muslim family laws ordinance 1961”

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