ISLAMABAD: The Supreme Court (SC) on Wednesday upheld the Peshawar High Court (PHC) verdict and ruled that men must pay dower (Haq Mehr) to wives before second marriage.
The PHC had ordered the man (Jamil) to pay his first wife entire amount of dower because he contracted a second marriage without seeking his first wife's permission.
A two-member bench of the apex court comprising Justice Umar Ata Bandial and Justice Sayyed Mazahar Ali Akbar Naqvi announced the judgment which was reserved on August 12.
The five pages judgment authored by Justice Sayyed Mazahar Ali Akbar Naqvi stated, "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. 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 as 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 number of issues which would 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."
The order stated, "There is no denial to this fact that the petitioner No.1 has contracted second marriage during subsistence of his marriage with Sajida Bibi (respondent No.1) without her permission or from Arbitration Council and section 6 of the Muslim Family Laws Ordinance, 1961 prohibits contracting second marriage without previous permission in writing of the Arbitration Council. The respondent No.1 filed suit for recovery of dower, dowry articles, gold ornaments and maintenance whereas the petitioner No.1 in his written statement prayed for restitution of conjugal rights as counter claim and the claim of the petitioner No.1 for restitution of conjugal rights was decreed whereas the suit filed by the respondent No.1 was partially decreed to the extent of five Tolas of gold as dower of respondent No.1 and maintenance amount for respondents No. 2 & 3 as Rs.1000/- with 25% per annum increase from November, 2013 till maturity or their marriage which ever happens earlier and rest of the claim was dismissed. It is pertinent to mention here that the respondent No.1 afterwards filed a suit for dissolution of marriage which was decreed in her favour vide judgment and decree dated 25.01.2018 by the learned Judge Family Court. As the petitioner No.1 has contracted second marriage without the permission of his first wife i.e. respondent No.1 and Arbitration Council, therefore, as per section 6(5)(a) of Muslim Family Law Ordinance, 1961, the dower becomes immediately payable."
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