The Lahore High Court has ruled that a husband must pay Rs1 million as mehr if he enters a second marriage without his first wife’s consent. The decision highlights the legal consequences of contracting another marriage without proper permission.
Justice Abid Hussain Chattha issued the eight-page verdict on a petition filed by Mehnaz Saleem. The court approved her claims for mehr, maintenance, and the value of her dowry. The ruling also upheld the earlier decision of the trial court.
According to the judgment, the husband must immediately pay the full mehr once he contracts a second marriage without consent. The court said the obligation applies even if the marriage is still legally valid.
The court further stated that the first wife is entitled to monthly maintenance until the divorce becomes effective. In this case, the husband was ordered to pay Rs15,000 per month. He must also compensate her for the value of her dowry items.
The judgment referred to earlier guidance from the Supreme Court of Pakistan. The apex court had ruled that a first wife may terminate the marriage contract if a second marriage takes place without her approval.
The Lahore High Court noted that the husband had hidden his previous marriages. It also observed that he attempted to give a verbal divorce, which does not meet legal standards. The court said such actions violate both legal and ethical duties in a marriage.
The judgment added that the wife was forced to leave her home. However, she did not leave because of misconduct. This made the husband responsible for her financial support during the iddat period.
The court also cited Section 6 of the Muslim Family Laws Ordinance 1961. Under this law, a man who enters a second marriage without permission from the Arbitration Council may face up to one year in prison or a fine. In Punjab, the fine can reach Rs500,000.
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The ruling reinforces the legal protections available to women in a marriage. It also stresses the importance of consent and transparency in any second marriage under Pakistani law.
