Mover: Mian Mujtaba Shuja ur Rehman
Status: Passed
Summary: The Punjab Muslim Family Laws (Amendment) Bill 2015 seeks to further amend the Muslim Family Laws Ordinance 1961 (VIII of 1961) to protect women from any sort of exploitation and provide them with possible solutions in times of family disputes as well as ancillary matters.
The Amendments are as follows:
- Amendment in Section 5 of Ordinance VIII of 1961:
- For subsection (2), the following shall be substituted:
“For the purpose of registration of marriages under this Ordinance, the Union Council shall grant licenses to one or more persons, to be called Nikah Registrars.”
b) After subsection (2), the following subsection (2A) shall be inserted:
(2A) “The Nikah Registrar or the person who solemnizes a Nikah shall accurately fill all the columns of the Nikahnama form with specific answers of the bride or the bridegroom.”
Section 5 of Ordinance VIII of 1961, Subsection 2 under Registration of Marriage, states:
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
- For Subsection (4), the following shall be substituted:
(4) If a person contravenes the provision of:
(i) Subsection (2A), he shall be punished to simple imprisonment for a term which may extend to one month and fine of twenty five thousand rupees; and
(ii) Subsection (3), he shall be punished to simple imprisonment for a term which may extend to three months and fine of one hundred thousand rupees.”
Subsection 4 of Ordinance VIII of 1961, states:
Whoever contravenes the provisions of such-section (3) 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.
- Amendment in Section 6 of Ordinance VIII of 1961:
In subsection (5), for clause (b), the following shall be substituted: - “On conviction upon complaint be punishable with the simple imprisonment which may extend to one year and with fine of five hundred thousand rupees”
In Section 6 of Ordinance VIII of 1961, Clause B for Subsection 5 under Polygamy states:
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.
- Amendment in section 9 of Ordinance VIII of 1961:
In section 9, after subsection (1), the following subsection (1A) shall be inserted:
(1A) “If a father fails to maintain his child, the mother or grandmother of the child may, in addition to seeking any other legal remedy, apply to the Chairman who shall constitute an Arbitration Council and the Arbitration Council may issue a certificate specifying the amount which shall be paid by the father as maintenance of the child.”
Section 9 of Ordinance VIII of 1961, under Maintenance, states:
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
