SC’s dower ruling

SC verdict seeks to ensure justice for women and to prevent misuse of the permission to have more than one wife

The Supreme Court has upheld a ruling of the Peshawar High Court that held that a man should immediately pay the dower (mehr) equivalent to five tolas of gold to his first wife if he took a second wife without the permission of the former or of the arbitration council. If this amount is not paid it shall be recovered as arrears of land revenue. The top court in its verdict said the Muslim Family Law 0rdinance 1961 was in consonance with the injunctions of Islam. The ordinance was aimed at regulating society and family life, the court said, emphasising that “any deviations from the provisions of Section 6 of the ordinance could result in a number of issues that would frustrate the fabric of relationship within society”.

The Supreme Court rejected the petition of a man challenging the 2018 PHC judgment. His wife filed a suit also in the top court. The petitioner contracted a second marriage in violation of the relevant laws. A two-judge bench of the Supreme Court ordered the immediate payment of the dower amount. The court in its decision said the petitioner contracted a second marriage without seeking the permission of either the first wife or the arbitration council, so under section 65A of the Muslim Family Law Ordinance, 1961 the dower becomes immediately payable.

Section 6 of the Family Law Ordinance states that if a man contracts a second marriage without the permission of either of his first wife or of the arbitration council, he is liable to imprisonment of up to one year and a maximum fine of Rs500,000. The ordinance also stipulates that the man who solemnises the nikah should accurately fill the columns in the nikahnama from the information provided by the bride or the bridegroom. The SC verdict seeks to ensure fairness and justice for women given them under Islam and to prevent misuse of the permission to have more than one wife at a time.