LAHORE: The Lahore High Court (LHC) Saturday ruled if a husband contracts a second marriage without permission of his first wife, he is bound to immediately pay her full amount of dower (Haq Mehr).
In its judgment, the court ordered a husband, who had married again without permission, to pay Rs1 million in dower to his first wife. The court also directed him to pay her a monthly maintenance of Rs15,000 until divorce becomes effective, along with an amount equivalent to value of her dowry items.
The court approved petitioner wife’s request for payment of dower, maintenance and value of dowry articles. The judgment stated this legal provision is meant to safeguard financial rights of wives and to prevent arbitrary marriages. The court modified decision of the trial court.
Justice Abid Hussain Chattha issued an eight-page judgment on a petition, filed by Mehnaz Saleem. According to the ruling, the petitioner had filed a suit in family court seeking recovery of dowry articles and maintenance from her husband. The case revolved around three main points: payment of dower, maintenance and return of dowry items.
In 2024, the family court had ordered the husband to pay Rs15,000 per month as maintenance during Iddat period and to pay Rs1 million dower in monthly instalments of Rs45,000. The family court also ordered him to pay Rs1,000,500 as value of dowry items.
Both parties filed appeals in sessions court against family court’s verdict. The trial court partially accepted husband’s appeal, setting aside the order regarding payment of dower and maintenance. It also reduced value of dowry items from Rs1,000,500 to Rs400,000.
The petitioner then approached the LHC against the trial court’s decision. According to her plea, the husband had contracted a third and then a fourth marriage without permission and had turned her out of the house with only three dresses.
The judgment further stated, according to the family court, after dispute the husband had pronounced an oral divorce and was, therefore, liable to pay maintenance only during Iddat period. However, the petitioner argued oral divorce was not valid in the eyes of the law. Without fulfilling legal requirements of divorce, marriage remains legally intact between the spouses.
The court observed if a wife leaves the marital home for lawful reasons, the husband remains liable to pay her monthly maintenance until divorce becomes effective. According to the record, the husband had informed the petitioner only about his first marriage, in which his wife had passed away.
After marriage, petitioner learned he had already contracted a second marriage and that she was his third wife. This concealment became the cause of dispute between the parties, after which she was expelled from the house. The husband contended the wife had fraudulently inserted an entry in the Nikahnama fixing dower at Rs1 million. He further claimed she had left the house of her own free will and was therefore not entitled to maintenance.
However, the petitioner presented solid reasons for leaving the house, and concealment of second marriage was proven on record. The husband failed to establish her departure was without lawful justification. The court noted morally it was the husband’s duty to disclose the fact of his second marriage at the time of Nikah. There was no evidence the petitioner left due to misconduct or disobedience. The judgment held the petitioner is entitled to Rs15,000 per month in maintenance from 2021 until the marriage legally subsists, with an annual increase of 10 per cent. The court further observed generally dower is payable upon dissolution of marriage. However, if a husband contracts another marriage without required permission, he becomes immediately liable to pay full dower amount to the first wife.
