The Lahore Excessive Court docket has dominated {that a} husband should pay Rs1 million as mehr to his first spouse if he contracts a second marriage with out her consent.
Justice Abid Hussain Chattha issued the eight-page verdict on a petition filed by Mehnaz Saleem, upholding the trial court docket’s choice in her favour. The court docket authorized her claims for full mehr, month-to-month upkeep, and the worth of her dowry.
The judgment said that if a husband remarries with out permission, he’s legally certain to instantly pay the agreed mehr quantity to the primary spouse. The court docket additional directed that till the divorce turns into legally efficient, the primary spouse will probably be entitled to Rs15,000 per thirty days as upkeep together with compensation for her dowry.
The bench noticed that the husband had hid his prior marriages and had issued a verbal divorce, which doesn’t fulfil authorized necessities. It famous that the spouse was compelled to depart her residence, however not as a result of any misconduct, making the husband chargeable for her monetary assist through the iddat interval.
The court docket emphasised that failure to reveal earlier marriages constitutes a violation of moral and authorized obligations, entitling the primary spouse to full monetary aid.
Earlier, the Supreme Court docket of Pakistan had dominated {that a} first spouse might terminate the wedding contract if a second marriage takes place with out her consent.
Beneath Part 6 of the Muslim Household Legal guidelines Ordinance 1961, a person who contracts a second marriage with out prior approval from the Arbitration Council can resist one 12 months imprisonment and/or a nice. In Punjab, the nice might lengthen as much as Rs500,000.
