Man to immediately pay dower to first wife if contracts second marriage without permission: SC

Supreme Court upholds Peshawar High Court’s verdict on mahr payment

ISLAMABAD:

The apex court on Wednesday upheld the verdict of the Peshawar High Court ruling that a man would have to immediately pay mahr (dower) to his first wife if he contracted a second marriage without her permission.

The Supreme Court dismissed a petition filed by Muhammad Jamil against the high court 2018 verdict. He had contracted a second marriage without the permission of his ex-wife, Sajida Bibi, who went on to file a suit. The PHC had ruled in favour of his first wife, following which Jamil had moved the top court against the judgment.

A two-judge bench, comprising Justice Umar Ata Bandial and Justice Sayyed Mazahar Ali Akbar Naqvi, ordered the petitioner to immediately pay mahr to his ex-wife.

In a six-page verdict, the court noted that Jamil had contracted a second marriage during while being married Sajida without her permission or that of the arbitration council.

It noted that Section 6 of the Muslim Family Laws Ordinance, 1961 prohibited contracting a second marriage without previous permission in writing of the Arbitration Council.

“As the petitioner [Jamil] has contracted a second marriage without the permission of his first wife and the arbitration council, therefore, as per section 6(5)(a) of Muslim Family Law Ordinance, 1961, the dower becomes immediately payable,” read the verdict authored by Justice Naqvi.

According to the section, “Any man who contracts another marriage without the permission of the Arbitration Council shall (a) pay immediate the entire amount of dower whether prompt or deferred, due to the existing wife or wives which amount, if not so paid shall be recoverable as arrears of land revenue.”

“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 judgment read.

The court observed that the provision of Section 6 of the Muslim Family Law Ordinance, 1961 was in consonance with the injunctions of Islam. “The said provisions have not placed any restriction to contract a 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.”

The verdict read that any deviation from the provision of Section 6 of the ordinance could result in a number of issues that 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.”

The top court noted that as far as the recovery of maintenance allowance was concerned, the counsel for the petitioner had failed to point out any good reason qualifying interference into the judgment impugned before the bench.

“The learned High Court has rightly declined the prayer; hence, no other exception is called for. As a consequence, this petition is dismissed.”