Muslim Family Laws Ordinance, 1961 241

THE MUSLIM FAMILY LAWS ORDINANCE, 1961

CONTENTS

SECTIONS

1. Short title, extent, application and commencement

2. Definitions
3. Ordinance to override other Laws, etc.
4. Succession
5. Registration of marriages
6. Polygamy
7. Talaq
8. Dissolution of marriage otherwise than by talaq
9. Maintenance
10. Dower
11. Power to make rules
11A. Place of trial
12. Amendment of Child Marriage Restraint Act, 1929 (Act
No. XIX of 1929)
13. Amendment of the Dissolution of Muslim Marriages Act,
1939 (Act No. VIII of 1939)

________
 242 Muslim Family Laws Ordinance, 1961

THE MUSLIM FAMILY LAWS ORDINANCE, 1961

ORDINANCE NO. VIII OF 1961

[2nd March ,1961]

An Ordinance to give effect to certain recommendations

of the Commission on Marriage and Family Laws.
WHEREAS it is expedient to give effect to certain
recommendations of the Commission on Marriage and Family
Laws;
NOW, THEREFORE, in pursuance of the Proclamation of the
seventh day of October, 1958, and in exercise of all powers
enabling him in that behalf, the President is pleased to make
and promulgate the following Ordinance:-
Short title, 1. (1) This Ordinance may be called the Muslim Family
extent, Laws Ordinance, 1961.
application and
commencement (2) It extends to the whole of 1[Bangladesh], and applies to
all Muslim citizens of 2[Bangladesh], wherever they may be.
(3) It shall come into force on such date as the
3
[Government] may, by notification in the official Gazette,
appoint in this behalf.
4
Definitions [2. In this ordinance, unless there is anything repugnant in
the subject or context,-
(a) “Arbitration Council” means a body consisting of the
Chairman and a representative of each of the parties to a
matter dealt with in this Ordinance:

1
The word “Bangladesh” was substituted for the word “Pakistan” by section 2 of the
Muslim Family Laws (Amendment) Ordinance, 1982 (Ordinance No. XXI of 1982).
2
The word “Bangladesh” was substituted for the word “Pakistan” by section 2 of the
Muslim Family Laws (Amendment) Ordinance, 1982 (Ordinance No. XXI of 1982).
3
The word “Government” was substituted for the words “Central Government” by
section 2 of the Muslim Family Laws (Amendment) Ordinance, 1982 (Ordinance No.
XXI of 1982).
4
Section 2 was substituted by section 2 of the Muslim Family Laws (Amendment)
Ordinance, 1985 (Ordinance No. XIV of 1985).
Muslim Family Laws Ordinance, 1961 243

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-

(i) the Chairman of the Union Parishad;

(ii) the Chairman of the Paurashava;

(iii) the Mayor or Administrator of the Municipal

Corporation;

(iv) the person appointed by the Government in the

Cantonment areas to discharge the functions of
Chairman under this Ordnance;

(v) where the union Parishad, Paurashava or Municipal

Corporation is superseded, the person discharging the
functions of such Parishad, Paurashava or
Corporation or as the case may be, appointed by the
Government to discharge the functions of Chairman
under this Ordinance:

Provided that where the Chairman of the Union

Parishad or Paurashava or the Mayor of the Municipal
Corporation is a non-Muslim, or he himself wishes to
make an application to the Arbitration Council, or is,
owing to illness or any other reason, unable to discharge
the functions of Chairman the Union Parishad,
Paurashava or Municipal Corporation shall elect one of
its Muslim members or Commissioner as Chairman for
the purposes of this ordinance;

(c) “Municipal Corporation” means the Municipal

Corporation constituted under the Chittagong Municipal
Corporation Ordinance, 1982 (XXXV of 1982), or the
Dhaka Municipal Corporation Ordinance, 1983 (XL of
1983), or the Khulna Municipal Corporation Ordinance,
1984 (LXXII of 1984), and having in the matter
jurisdiction as prescribed;

(d) “Paurashava” means the Paurashava constituted under the

Paurashava Ordinance, 1977 (XXVI of 1977), and having
the matter jurisdiction as prescribed;
 244 Muslim Family Laws Ordinance, 1961

(e) “Prescribed” means prescribed by rules made under

section11;

(f) “Union Parishad” means the Union Parishad constituted

under the Local Government (Union Parishads)
Ordinance, 1983 (LI of 1983), and having in the matter
jurisdiction as prescribed.]

Ordinance to 3. (1) The provisions of this Ordinance shall have effect

override other notwithstanding any law, custom or usage 1[* * *].
Laws, etc.
(2) For the removal of doubt, it is hereby declared that the
provisions of the Arbitration Act, 1940, the Code of Civil
Procedure, 1908 and any other law regulating the procedure of
Courts shall not apply to any Arbitration Council.

Succession 4. 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.

5. [Registration of marriages.- Omitted by section 15 of the

Muslim Marriages and Divorces (Registration) Act, 1974 (Act
No. LII of 1974).]
Polygamy 6. (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 2[under the Muslim Marriages and Divorces
(Registration) Act, 1974 (LII of 1974)].

(2) An application for permission under sub-section (1)

shall be submitted to the Chairman in the prescribed manner,

1
The comma and words “, and the registration of Muslim marriages shall take place
only in accordance with those provisions” were omitted by section 15 of the Muslim
Marriages and Divorces (Registration) Act, 1974 (Act No. LII of 1974).
2
The words, comma, figures and brackets “under the Muslim Marriages and Divorces
(Registration) Act, 1974 (LII of 1974)” were substituted for the words “under this
Ordinance” by section 15 of the Muslim Marriages and Divorces (Registration) Act,
1974 (Act No. LII of 1974).
Muslim Family Laws Ordinance, 1961 245

together with the prescribed fee, and shall state the reasons for
the proposed marriage, and whether the consent of the existing
wife or wives has been obtained thereto.

(3) On receipt of the application under sub-section (2), the

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 conditions, 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
1
[* * *] to the 2[Assistant Judge] 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 simple
imprisonment which may extend to one year, or with fine
which may extend to 3[ten thousand taka], or with both.

7. (1) Any man who wishes to divorce his wife shall, as Talaq
soon as may be after the pronouncement of talaq in any form
whatsoever, give the Chairman notice in writing of his having
done so, and shall supply a copy thereof to the wife.

1
The commas and words “, in the case of West Pakistan, to the Collector and, in the
case of East Pakistan,” were omitted by section 4 of the Muslim Family Laws
(Amendment) Ordinance, 1982 (Ordinance No. XXI of 1982).
2
The words “Assistant Judge” were substituted for the word “Munsif” by section 3 of
the Civil Courts (Amendment) Act, 1987 (Act No. XIV of 1987).
3
The words “ten thousand taka” were substituted for the words “five thousand rupees”
by section 4 of the Muslim Family Laws (Amendment) Ordinance, 1982 (Ordinance
No. XXI of 1982).
 246 Muslim Family Laws Ordinance, 1961

(2) Whoever contravenes the provisions of sub-section (1)

shall be punishable with simple imprisonment for term which
may extend to one year or with fine which may extend to 1[ten
thousand taka] or with both.

(3) Save as provided in sub-section (5), a talaq unless

revoked earlier, expressly or otherwise, shall not be effective
until the expiration of ninety days from the 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 be later, ends.
(6) Nothing shall debar a wife whose marriage has been
terminated by talaq effective under this section from re-
marrying the same husband, without an intervening marriage
with a third-person, unless such termination is for the third time
so effective.

Dissolution of 8. Where the right to divorce has been duly delegated to the
marriage wife and she wishes to exercise that right, or where any of the
otherwise than
by talaq
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 9. (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.

1
The words “ten thousand taka” were substituted for the words “five thousand rupees”
by section 5 of the Muslim Family Laws (Amendment) Ordinance, 1982 (Ordinance
No. XXI of 1982).
Muslim Family Laws Ordinance, 1961 247

(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 1[* * *]
to the 2[Assistant Judge] 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 due time, shall be recoverable as arrears of land
revenue.

10. Where no details about the mode of payment of dower 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.

11.3[(1) The Government may make rules to carry into Power to make
effect the purposes of this Ordinance.] rules

(2) In making rules under this section, 4[the Government]

may provide that a breach of any of the rules shall be
punishable with simple imprisonment which may extend to one
month, or with fine which may extend to 5[five hundred taka],
or with both.

(3) Rules made under this section shall be published in the

official Gazette, and shall thereupon have effect as if enacted in
this Ordinance.

1
The commas and words “, in the case of West Pakistan, to the Collector and, in the
case of East Pakistan,” were omitted by section 6 of the Muslim Family Laws
(Amendment) Ordinance, 1982 (Ordinance No. XXI of 1982).
2
The words “Assistant Judge” were substituted for the word “Munsif” by section 2 of
the Civil Courts (Amendment) Act, 1987 (Act No. XIV of 1987).
3
Sub-section (1) was substituted by section 7 of the Muslim Family Laws
(Amendment) Ordinance, 1982 (Ordinance No. XXI of 1982).
4
The words “the Government” were substituted for the words “the such Government”
by section 7 of the Muslim Family Laws (Amendment) Ordinance, 1982 (Ordinance
No. XXI of 1982).
5
The words “five hundred taka” were substituted for the words “two hundred rupees”
by section 7 of the Muslim Family Laws (Amendment) Ordinance, 1982 (Ordinance
No. XXI of 1982).
 248 Muslim Family Laws Ordinance, 1961

Place of trial 1
[11A. 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.]

Amendment of 12. In the Child Marriage Restraint Act, 1929,-

Child Marriage
Restraint Act,
1929 (XIX of (1) in section 2,-
1929)
(a) in clause (a), for the word “fourteen” the word “sixteen”
shall be substituted;

(b) in clause (c), the word “and” shall be omitted; and

(c) in clause (d), for the full stop at the end a comma shall be
substituted, and thereafter the following 2[new clauses]
shall be added , namely:-
3
[“(e) “Municipal Corporation” means the Municipal
Corporation constituted under the Chittagong
Municipal Corporation Ordinance, 1982 (XXXV of
1982), or the Dhaka Municipal Corporation
Ordinance, 1983 (XL of 1983), or the Khulna
Municipal Corporation Ordinance, 1984 (LXXII of
1984), within whose jurisdiction a child marriage is
or is about to be solemnised;

(f) “Paurashava” means the Paurashava constituted

under the Paurashava Ordinance, 1977 (XXVI of
1977), within whose jurisdiction a child marriage is
or is about to be solemnised;

1
Section 11A was inserted by section 2 of the Muslim Family Laws (Amendment)
Ordinance, 1986 (Ordinance No. XXIV of 1986).
2
The words “new clauses” were substituted for the words, brackets and letter “new
clauses (e)” by section 8 of the Muslim Family Laws (Amendment) Ordinance, 1982
(Ordinance No. XXI of 1982).
3
Clauses (e), (f) and (g) were substituted for former clauses (e) and (f) by section 5 of
the Muslim Family Laws (Amendment) Ordinance, 1985 (Ordinance No. XIV of
1985).
Muslim Family Laws Ordinance, 1961 249

(g) “Union Parishad” means Union Parishad constituted

under the Local Government (Union Parishads)
Ordinance, 1983 (LI of 1983), within whose jurisdiction
a child marriage is or is about to be solemnised”.]

(2) section 3 shall be omitted;

(3) in section 4, for the words “twenty-one” the word
“eighteen” shall be substituted ;
(4) in section 9, after the words “under this Act”, the words
“except on a complaint made by the 1[Union Parishad or
Paurashava 2[or Municipal Corporation]], or if there is no
3
[Union Parishad or Paurashava 4[or Municipal Corporation]] in
the area, by such authority as the 5[Government] may in this
behalf prescribe, and such cognizance shall in no case be taken”
shall be inserted; and
(5) section 11 shall be omitted.
13. In the Dissolution of Muslim Marriages Act, 1939, in Amendment of
section 2,- the Dissolution
of Muslim
(a) after clause (ii), the following new clause (iia) shall be Marriages Act,
inserted, namely:- 1939 (VIII of
1939)
“(iia) that the husband has taken an additional wife in
contravention of the provisions of the Muslim
Family Laws Ordinance, 1961;”; and
(b) in clause (vii), for the word “fifteen” the word “sixteen”
shall be substituted.

1
The words “Union Parishad or Paurashava” were substituted for the words “Union
Council” by section 8 of the Muslim Family Laws (Amendment) Ordinance, 1982
(Ordinance No. XXI of 1982).
2
The words “or Municipal Corporation” were inserted by section 5 of the Muslim
Family Law (Amendment) Ordinance, 1985 (Ordinance No. XIV of 1985).
3
The words “Union Parishad or Paurashava” were substituted for the words “Union
Council” by section 8 of the Muslim Family Laws (Amendment) Ordinance, 1982
(Ordinance No. XXI of 1982).
4
The words “or Municipal Corporation” were inserted by section 5 of the Muslim
Family Law (Amendment) Ordinance, 1985 (Ordinance No. XIV of 1985).
5
The word “Government” was substituted for the words “Provincial Government” by
section 8 of the Muslim Family Laws (Amendment) Ordinance, 1982 (Ordinance No.
XXI of 1982).