Thursday, December 7, 2023

Supreme Court Makes First Wife’s Permission Compulsory for Second Marriage

The Supreme Court of Pakistan has made a ruling stating that a man must seek consent from his first wife or an arbitration council before marrying for a second time. If the man fails to obtain consent, he may be required to pay the entire agreed-upon amount of haq mehr, or dower, to his first wife immediately, regardless of the payment schedule initially set.

The purpose of this law is to bring about social reform, and the court emphasized that disregarding this requirement may lead to various problems. The Supreme Court’s order, written by Justice Sayyed Mazahar Ali Akbar Naqvi and spanning five pages, was issued in response to an appeal challenging a decision made by the Peshawar High Court (PHC).

The PHC had previously ruled that a man must promptly pay his first wife the full dower amount if he enters into a second marriage without her consent.

By upholding the PHC’s decision, the Supreme Court dismissed the appeal and instructed the petitioner, Muhammad Jameel, who had married without his first wife’s consent, to immediately pay her the complete dower amount agreed upon during their marriage.

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