In a significant ruling aimed at promoting social reform, the Supreme Court of Pakistan has mandated that a man must obtain consent from his first wife or an arbitration council before entering into a second marriage. Failure to do so may result in severe consequences for the individual. According to the court’s decision, if a man proceeds with a second marriage without obtaining consent, he may be obligated to immediately pay the entire amount of haq mehr, or dower, agreed upon during his first marriage, regardless of any previously established payment schedule.
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The ruling, authored by Justice Sayyed Mazahar Ali Akbar Naqvi and spanning five pages, was issued in response to an appeal that challenged 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 not only dismissed the appeal but also provided clear instructions to the petitioner, Muhammad Jameel, who had entered into a second marriage without the consent of his first wife. Jameel was directed to immediately pay his first wife the complete dower amount as agreed upon during their initial marriage.
The purpose of this law, as emphasized by the Supreme Court, is to bring about social reform within Pakistani society. By requiring men to seek consent from their first wives or an arbitration council before marrying again, the court aims to address the various problems that can arise from disregarding this essential requirement. The ruling recognizes the significance of consent in maintaining the rights and dignity of women in marriages, highlighting the potential consequences that may befall those who choose to ignore this crucial aspect.
This decision marks a significant step forward in ensuring the protection of women’s rights and upholding the principles of justice within the context of marriage. By firmly establishing the requirement of consent for subsequent marriages, the Supreme Court aims to create a more equitable and just society. It is hoped that this ruling will contribute to a positive shift in societal attitudes and behavior, ultimately fostering a more inclusive and respectful environment for all individuals involved in marital relationships.
