Supreme Court orders husband to pay PKR 1.2M Maher; criminal & civil action possible
Islamabad, Pakistan | Web Desk: The Supreme Court of Pakistan has ruled that a husband cannot contract a second marriage without the consent of his first wife and approval from the Arbitration Council, declaring such acts a violation of the Muslim Family Laws Ordinance.
In a written five-page judgment authored by Justice Musarrat Hilali, the Court set aside previous Family and Peshawar High Court rulings in the Naila Javed case and ordered the husband to pay PKR 1.2 million as Maher to his first wife.
The judgment clarified that under the Dissolution of Muslim Marriage Act and Section 6 of the Muslim Family Laws Ordinance, a second marriage without the first wife’s written consent and council approval constitutes a legal violation. The Court emphasized that the wife cannot be forced to accept divorce (Khula) without her clear consent.
The Court further highlighted factors such as non-payment of maintenance, character defamation during proceedings, and contracting a second marriage as acts of legal oppression, giving the wife full rights to terminate her marriage and claim her financial dues.
