Man to pay mehr immediately for contracting second marriage: SC

ISLAMABAD: The Supreme Court of Pakistan has upheld a judgement of the Peshawar High Court (PHC), making it mandatory for men to give ‘Haq mehr’ to their wives before marrying for the second time.

The top court issued the order on a petition filed by Muhammad Jamil against a 2018 PHC judgement regarding a suit filed by his ex-wife Sajida Bibi seeking the recovery of mehr.

A two-judge bench, comprising Justice Umar Ata Bandial and Justice Sayyed Mazahar Ali Akbar Naqvi observed that Muhammad Jamil contracted a second marriage without his first wife permission.

The court further ordered that permission from the first wife or arbitration council would be mandatory for husbands in case of a second marriage, according to Section 6 of the Muslim Family Laws Ordinance, 1961.

The said section reads, “Any man who contracts another marriage without the permission of the Arbitration Council shall pay immediately the entire amount of 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.”

In this regard, the court said, “The law requiring permission from the first wife before a second marriage was aimed at making the society operate better,” adding that its violation may lead to many problems.

However, the SC further pointed that the law “has not placed any restriction to contract second marriage, rather it only relates to seeking permission before entering into second marriage in order to regulate the structure of society as a whole.

The SC ruled that the judgement by a single bench of the PHC ordering the immediate payment of dower of five tolas of gold is quite in accordance with [the] law. The petition was subsequently dismissed.