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Wednesday March 12, 2025

Pakistani men obligated to seek first wife's consent before second marriage, SC rules

Supreme Court orders man to immediately pay first wife entire sum of haq mehr, or dower, agreed on the day of nikkah in case of violation

By Web Desk
August 26, 2020
The Supreme Court's five-page order, penned by Justice Sayyed Mazahar Ali Akbar Naqvi, came in response to an appeal against a decision by the Peshawar High Court. AFP/Rizwan Tabassum/Files

ISLAMABAD: Pakistani men are obligated to seek their first wife's consent or a nod from an arbitration council before opting for a second marriage, the Supreme Court of Pakistan ruled on Wednesday.

The top court ratified the requirement the first wife's permission or a nod from the arbitration council for a man to opt for a second marriage. In case a man omitted consent from his first wife, he must immediately pay her the entire sum of haq mehr, or dower, agreed on the day of nikkah — regardless of whether it was to be paid immediately or not time-bound.

The law requiring permission from the first wife before a second marriage was aimed at making the society operate better, the court remarked, adding that its violation may lead to many problems.

The apex court's five-page order, penned by Justice Sayyed Mazahar Ali Akbar Naqvi, came in response to an appeal against a decision by the Peshawar High Court (PHC), which had ruled it mandatory for a man to immediately pay his first wife the entire dower agreed should he go for a second marriage.

In ratifying the PHC's decision, the appeal against it was subsequently set aside.

The Supreme Court ordered petitioner Muhammad Jameel — who had married without the consent of his first wife — to immediately pay her the total dower agreed on the day of his marriage.