The Supreme Court of Pakistan has given an important ruling to protect the rights of women in marriage.
The court stated that a man who marries a second time without the consent of his first wife or without approval from the Arbitration Council can face both criminal and civil action under the law.
The decision was given in the case of Naila Javed. In this case, the Supreme Court declared the husband’s second marriage invalid.
The court also ordered him to pay Rs. 1.2 million as mahr to his first wife. In addition, the Supreme Court set aside earlier decisions made by the Family Court and the High Court, stating that those rulings were not in line with the law.
The court strongly emphasized that judges do not have the authority to turn a divorce case into khula unless the wife willingly agrees to it. Khula, the court explained, must be based on the free choice of the woman and cannot be imposed by the court without her consent.
The Supreme Court further stated that failing to provide nafaqah, which is financial support for the wife, or marrying again without legal permission is considered zulm, meaning oppression. Such actions go against the principles of justice and fairness in Islamic and family law.
This judgment reinforces the importance of women’s consent in marriage matters and strengthens their legal protection.
It sends a clear message that men must follow legal procedures and respect the rights of their wives. The ruling is being seen as a significant step toward ensuring fairness, accountability, and dignity for women within Pakistan’s Muslim family law system.
