Husband to pay immediate Mehr in case of second marriage, rules SC

ISLAMABAD: Supreme Court of Pakistan on Wednesday disposed-off an appeal against immediate payment of Mehr from a husband to his wife, ARY NEWS reported.

The top court rejected the petition challenging the Peshawar High Court (PHC) decision and directed the applicant Jameel to immediately pay Mehr to his first wife.

Muhammad Jameel married a second woman without the permission of his first wife. The five-page order was written by the Supreme Court Judge Justice Sayyed Mazahar Ali Akbar Naqvi.

“The husband has to pay Mehr to his first wife immediately in case of marrying for the second time,” the court ordered while adding that the amount would be paid immediately even if the couple had agreed in the marriage documents to pay it afterwards.

The court further ordered that permission from the first wife or arbitration council would be mandatory for husbands in case of a second marriage.

“The law regarding the second marriage is aimed at running the society’s affairs properly,” the top court ruled adding that its violation could develop various complications.

It is pertinent to mention here that the Islamabad High Court (IHC) ruled on June 24 that a person intending to contract second marriage will have to seek mandatory approval of the Arbitration Council for the purpose.

Read More: Court seeks man’s reply over solemnizing second marriage without permission

An IHC bench gave this ruling on a petition filed by a woman who challenged a sessions court’s verdict that had exonerated her husband from a charge of solemnizing second marriage without her permission.

The bench held that the Arbitration Council’s permission is mandatory even if existing wife or wives permit a man to contract another marriage.

“Contracting second marriage without the council’s consent will be a punishable act,” it ruled.