The Lahore High Court has issued a ruling with significant implications for women’s financial security in Pakistan, establishing that a husband who enters into a second marriage without the consent of his first wife is immediately responsible for paying her full dower (haq mehr), along with maintenance and the value of her dowry.
Landmark Ruling Upholds Financial Rights
Justice Abid Hussain Chatha delivered an eight-page verdict on a petition brought by Mehnaaz Saleem, overturning previous rulings by lower courts. The court ordered the husband in this case to pay Rs1 million as dower, Rs15,000 in monthly maintenance – with a 10% annual increase dating back to 2021 – and the assessed value of dowry items.
The case originated in family court, where in 2024, the husband was initially ordered to pay Rs15,000 monthly during the iddat period and Rs1 million dower in installments of Rs45,000, plus Rs1.005 million for dowry items. Both parties appealed to the sessions court, which partially favored the husband, reducing the financial obligations.
Concealment and Insufficient Divorce Procedures
The High Court’s ruling highlighted that the husband had concealed previous marriages, including one that ended with the death of the previous wife. The petitioner discovered this concealment, which became central to the dispute. The court also determined that the husband’s claim of a verbal divorce was not legally valid, stating that “Without completion of legal formalities, marriage remains valid, and the husband remains responsible for maintenance until divorce is effective.”
The court further emphasized the husband’s moral and legal duty to disclose prior marriages at the time of nikah. The judgment aims to protect wives’ financial rights and discourage unilateral marriages, reinforcing adherence to Muslim family law in Pakistan.
Frequently Asked Questions
What is ‘haq mehr’?
Haq mehr, or dower, is a mandatory payment made by the husband to his wife as a form of financial security, as outlined in Muslim family law.
What happens if a husband doesn’t fulfill the court’s order?
The source does not specify what happens if the husband does not fulfill the court’s order, only that he is legally bound to pay the amounts specified.
Does this ruling apply to all cases of second marriage?
The ruling specifically addresses cases where a husband contracts a second marriage without the permission of his first wife, making him immediately liable for financial obligations to the first wife.
As this ruling establishes a precedent, it remains to be seen how consistently these principles will be applied in future cases and what impact this will have on marriage practices in Pakistan.
