The Supreme Court dismissed an appeal against PHC’s decision of the immediate payment of Mehr for a second marriage without prior permission on Wednesday.
The top court further directed the applicant to immediately pay Mehr to his first wife – Sajida Bibi.
Muhammad Jameel married a second woman without prior permission of Sajida Bibi. After the Peshawar High court (PHC) ordered immediate payment of Mehr, Jameel petitioned against the court’s decision.
However, the court rejected his petition. Supreme Court Judge Justice Sayyed Mazahar Ali Akbar Naqvi wrote the five-page order of immediate payment of Mehr. Moreover, the proceeding had a two-member bench headed by Justice Umar Ata Bandial.
Conditions of a Second Marriage: Prior Permission
In the case of marrying the second time, the law requires the husband to pay Mehr immediately – even if the marriage documents state otherwise.
If the marriage documents say that the Mehr will be paid afterward – with the couple’s agreement; that agreement will be void.
Further, the Supreme Court says,
The second marriage rule is aimed at the betterment of the society, its violation can arise many complications
Furthermore, the court also ruled that the permission of the first wife or arbitration council is mandatory in case of a second marriage.
The court made it clear that the Mehr becomes payable on the husband in case of a second marriage. It does not matter whether the marriage contract states prompt or deferred payment of the Mehr. The court ruled that Jameel immediately owes Mehr to the existing wife since he did not seek prior permission.
The provision of section 6 of the Muslim Family Law Ordinance 1961 is in accordance with the instructions of Islam. The conditions have not put any restrictions on the second marriage, however, it only states to seek permission before the contract. The provisions will further regulate the family structure within the society – any deviations would cause disturbance to the structure.
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