First wife’s permission obligatory for second marriage, ‘Rule of Supreme Court’

First wife’s permission obligatory for second marriage, ‘Rule of Supreme Court’

ISLAMABAD: On Wednesday, the Supreme Court of Pakistan declared it obligatory for a man to get permission from his first wife or an arbitration council before contracting marriage for the second time.

The apex court further ruled that a man must pay haq mehr – dower, agreed on the day of nikkah – to the first wife immediately for contracting second marriage without her permission. 

It further remarked by the Apex Court that the requirement of getting permission from the first wife was aimed at making the society operate in a better way, adding that violation of it may cause troubles. 

The apex court’s five-page order was promulgated by Justice Sayyed Mazahar Ali Akbar Naqvi on a petition filed against a decision by the Peshawar High Court (PHC), which had ruled it obligatory for a man to immediately pay his first wife the haq mehr if he goes for a second marriage.

The apex court upheld the judgment of the PHC and discarded the plea. 

The Apex Court ordered petitioner Muhammad Jameel, who had married without the permission of his first wife — to immediately pay mehr to his spouse.

 

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