Second marriage without permission: Husband to pay Mehr in case of second marriage, says Supreme Court

ISLAMABAD: The Supreme Court (SC) on Wednesday disposed of an appeal against immediate payment of Mehr from a husband to his wife.

The top court rejected the petition challenging the Peshawar High Court (PHC) decision and directed the applicant Jameel to immediately pay Mehr to his first wife Sajida Bibi. Muhammad Jameel married a second woman without the permission of his first wife. The five-page order was written by the Supreme Court Judge Justice Sayyed Mazahar Ali Akbar Naqvi. The case was heard by two-member bench headed by Justice Umar Ata Bandial.

The husband has to pay Mehr to his first wife immediately in case of marrying for the second time, the court ordered while adding that the amount would be paid immediately even if the couple had agreed in the marriage documents to pay it afterwards.

The court further ordered that permission from the first wife or arbitration council would be mandatory for husband in case of a second marriage. The law regarding the second marriage is aimed at running the society’s affairs properly, the top court ruled adding that its violation could develop various complications.

The Supreme Court in its order said that it is now abundantly clear that the entire amount of dower fixed at the time of marriage whether prompt or deferred is immediately payable on account of second marriage. The petitioner, Muhammad Jamil, by entering into second marriage without seeking prior permission either from the existing wife Sajida Bibi or the Arbitration Council the dower even if it is termed deferred or prompt has become payable without any delay. Otherwise, the provision of section 6 of the Muslim Family Law Ordinance 1961 is in consonance with the injunctions of Islam. The said provisions 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. Any deviation from the provision of section 6 of Muslim Family Law Ordinance 1961 it might ensue a number of issues, whichwould frustrate the fabric of relationship within society, therefore, the judgment of the learned single bench of Peshawar High Court for immediate payment of dower (5 Tolas of gold) is quite in accordance with law. So far as recovery of maintenance allowance is concerned learned counsel for the petitioner has failed to point out any good reason qualifying interference into the judgment impugned before us. The learned High Court has rightly declined the prayer hence no other exception is called for. As a consequence this petition is dismissed. Leave to appeal is declined.