Second Marriage Without Consent of First Wife has serious legal and financial consequences, the Lahore High Court (LHC) has ruled, reinforcing women’s rights under Pakistan’s family laws.
In a landmark judgment delivered by Justice Abid Hussain Chatha, the court stated that if a husband marries again without obtaining the written consent of his first wife or approval from the Arbitration Council, he becomes immediately liable to pay her full dower (haq mehr). This applies even if the dower was originally deferred.
The ruling arose from the case of Mehnaaz Saleem vs. Kashif Iqbal, where the first wife filed a petition after her husband entered subsequent marriages without her consent and removed her from the marital home. The lower family court had partially reduced her financial claims, but the LHC reinstated her full right.
Key Orders of the Court
The husband must pay Rs1 million as the full dower immediately.
He is required to provide Rs 15,000 per month as maintenance, with a 10% yearly increase, effective from the date of the original marriage on November 27, 2021.
All dowry items provided to the first wife must be returned or compensated for at their assessed value.
The judgment clarified that verbal divorce or informal separation does not absolve the husband of his legal obligations under the Muslim Family Laws Ordinance. Formal procedures, including written consent or arbitration approval, are mandatory before contracting another marriage.
Legal Significance
The decision sends a strong message that contracting a second marriage without consent is legally and financially binding, ensuring the first wife’s financial security and rights over dower and maintenance are protected. Legal experts say this ruling strengthens the enforcement of marital laws and discourages unilateral or arbitrary marriages.
The LHC emphasized that compliance with family law is essential, and any violations can result in full financial liability, safeguarding women against exploitation and arbitrary treatment in domestic matters.
This verdict is being hailed as a precedent-setting decision for women’s rights in Pakistan, highlighting the legal consequences for husbands who bypass consent requirements while entering subsequent marriages.
