Pakistani men must pay mehr to wives before second marriage, rules SC

Pakistan’s Supreme Court has made it mandatory for men to give haq mehr to their wives before marrying for the second time.

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In its verdict, a two-member bench said that the husband will have to pay the entire amount of dower fixed at the time of marriage immediately if he enters into a second marriage without seeking permission either from first wife or arbitration council.

The landmark decision comes after a man had filed an appeal in the Supreme Court against the Peshawar High Court verdict. The PHC had ordered the man to pay his first wife entire amount of dower because he contracted a second marriage without seeking his first wife’s permission.

The two-member bench dismissed the man’s appeal and upheld the PHC’s decision.

The top court referred to the section 6 of the Muslim Family Law Ordinance, 1961 and stated that it doesn’t place any restriction on men to contract second marriage but it does ask men to seek permission from wives.

The apex court said any deviation from the Muslim Family Law Ordinance, 1961 could ensue the issues which would frustrate the fabric of relationship within the society.

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