Salient features of the Muslim Family Laws Ordinance, 1961 || LLB PART 4 ||

salient features of the Muslim Family Laws Ordinance, 1961.

Background:
After the partition of India in 1947, the legislation relating to Muslim family law was introduced. A seven-member Commission on Marriage and Family Laws was established in 1955 who provided some suggestion for the new laws for the new state and determine the areas needing reform. The Muslim family law ordinance 1961 was introduced under the tenure of general Ayyub khan. The Muslim Family Laws Ordinance 1961 adopted some of the provisions of the Report of the Marriage and Family Laws and the Commission, aimed to reform divorce law and inheritance law relating to orphaned grandchildren and women.
Salient Features:
1. Succession. (Section 4)
according to the section 4 of the Muslim family law ordinance that in the event of death of any son or daughter of the grandfather before the opening of succession, the children of such son or daughter, will receive an equal share to the share which such son or daughter would have received if alive.

2. Registration of marriage. (Section 5)
After the enactment of this Act, it was compulsory that every marriage solemnized under Muslim Law shall be registered in arbitration counsel.

For registration of marriage of husband and wife, the Union Council grant licenses to one or more persons, to be called Nikah Registrars.

4. Marriage Record: (Section 5)
The registrars must maintain the records of Nikah and the records to be preserved by Union Councils and copies of Nakahama shall be supplied to parties, and the fees to be charged.

5 Polygamy. (Section 6)
If a person wants to get into second marriage, while his first marriage is existing, he shall have to get permission from Arbitration Council and the marriage without such permission of arbitration council shall not be registered.

6 Permission from first wife: (Section 6)
On receipt of the application, Chairman of the arbitration council shall ask the applicant and his existing wife to nominate a representative, and if Arbitration Council satisfied then the council grant, the permission applied for marriage.

7 Payment of Dower: (Section 6)
Any man who gets into another marriage without the permission of the Arbitration Council shall pay entire amount of the dower whether prompt or deferred to the wife, and if not so paid, shall be recovered as an arrears of land revenue.
punishment
• In case of conviction upon complaint of wife. The husband may be punished with
• simple imprisonment which may extend to one year, or
• with fine which may extend to five thousand rupees, (5000 rupees)
• or with both.

8 Talaq/ Divorce (Section 7)
Any man who wishes to divorce his wife. The husband must give the
• Notice to chairman in writing of talaq,
• and shall supply a copy thereof to the wife.
Punishment
A person fails to provide copy to chairman and wife in that case the husband will be punished 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.

9 Time Period for effectiveness of divorce: (Section 7)
If the talaq, is not revoked expressly or in other form then it shall not be effective until the expiration of 90 days from day on which notice is delivered to the Chairman.
If the wife be pregnant at the time talaq is pronounced, talaq shall not be effective until the period of 90 days or the pregnancy, whichever later, ends.

11 Revocation of Divorce and Remarriage: (Section 7)
Nothing shall debar a wife whose marriage has been terminated by talaq effective from remarrying the same husband, without an intervening marriage with a third person, unless such termination is for the third time so effective.

12 Maintenance of Wife: (Section 9)
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, can seek legal remedy and 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.

13. Dower. (Section 10)
Where no details about the mode of payment of dower are specified in the Nakahama or the marriage contract, the entire amount of the dower shall be presumed to be payable on demand.