- Supreme Court upholds Peshawar High Court verdict: Man must pay dower to first wife after an unauthorized second marriage.
- Case filed by Muhammad Jamil against his ex-wife Sajida Bibi for mehr, dowry, and maintenance.
- Two-judge panel rules that entering a second marriage without permission violates the Muslim Family Laws Ordinance, and immediate payment of dower is required.
The Supreme Court has upheld a verdict from the Peshawar High Court (PHC) that mandates a man to promptly pay the mehr (dower) to his first wife after contracting a second marriage without her consent.
The court order, released on Wednesday, was based on a petition filed by Muhammad Jamil against a 2018 PHC judgment regarding a lawsuit brought by his former wife, Sajida Bibi, seeking the recovery of mehr, dowry items, gold jewellery, and maintenance.
A two-judge panel consisting of Justice Umar Ata Bandial and Justice Sayyed Mazahar Ali Akbar Naqvi, stated in their ruling that Jamil had entered into a second marriage while still married to Bibi, without her or the Arbitration Council’s permission.
The court acknowledged that Section 6 of the Muslim Family Laws Ordinance of 1961 expressly prohibits entering into a second marriage without prior written permission from the Arbitration Council.
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The court further stated that Jamil, by marrying a second time without the consent of his first wife and the Arbitration Council, is obligated to promptly pay her the dower amount as stipulated in Section 6(5)(a) of the Muslim Family Laws Ordinance of 1961.
According to the aforementioned section: “Any man who contracts another marriage without the permission of the Arbitration Council shall […] immediately pay the entire amount of dower, whether it is due immediately or deferred, to the existing wife or wives. If this amount is not paid, it can be recovered as arrears of land revenue.”
The top court asserted in its ruling, “It is now unequivocally clear that the entire dower amount, whether payable immediately or at a later date, must be promptly paid upon entering into a second marriage.”
The judgment emphasized that Section 6 of the Muslim Family Laws Ordinance aligns with the principles of Islam and the law does not restrict contracting a second marriage. Rather, it solely requires seeking permission beforehand to regulate the societal structure as a whole.
The judge warned that any deviation from the provisions of Section 6 could lead to various issues that would disrupt the fabric of relationships within society.
After considering arguments from both parties, the Supreme Court affirmed that the PHC’s decision, which mandated the immediate payment of five tolas of gold as dower, was fully compliant with the law.
Consequently, the petition was dismissed.
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