The Supreme Court has rejected a petition filed against the immediate payment of Haq Mehr to the first wife of a Peshawar citizen, saying that the permission of the first wife or the Arbitration Council is required before the second marriage to balance the society.
A two-member bench of the apex court headed by Justice Umar Ata Bandial heard the petition filed by citizen Muhammad Jameel against the Peshawar High Court verdict and delivered a five-page verdict on completion of arguments of the parties.
The five-page decision of the Supreme Court was issued by Justice Mazahir Ali Akbar.
The Peshawar High Court upheld the decision of the first wife to pay the Haq Mehr immediately before the second marriage, saying that the Haq Mehr would have to pay the first wife immediately.
The court, citing section 6 of the Muslim Family Laws Ordinance 1961, clarified that “remarriage is not prohibited under this section.”
Citing the law, the ruling said, “The said section speaks of permission before the second marriage to regulate the social structure as a whole.”
Justice Mazahir Ali Akbar in his judgment said that violation of this section would create many problems in society.
The court said that the petitioner was unable to state the reasons given in the appeal against the decision of immediate payment of Haq Mehr and therefore the petition is being dismissed.
Following the decision of the petitioner, the apex court ordered immediate payment of Haq Mehr to his first wife.
It may be recalled that on June 24, 2019, the Chief Justice of the Islamabad High Court, Athar Minallah, while issuing a 12-page judgment in a case, had declared the permission of the conciliation council necessary for a second marriage.
The court had ruled that if the arbitration council refused despite the wife’s permission, the person would be punished.
The ruling said that according to the Muslim Family Laws Ordinance 1961, a person who marries without permission will be punished and fined.