For the second marriage, the permission of the first wife or the arbitration council is required. On the second marriage without permission, the first wife has to pay the dowry immediately. Those who want a second marriage without the permission of the wife have been warned. The Supreme Court has ordered that the first wife must pay the dowry immediately on the second marriage without the permission of the wife. The second marriage requires the consent of the first wife or the arbitration council.
The apex court further said that violation of the law allowing for second marriage would create many problems. The law allowing second marriages is to run the society better. The court dismissed the appeal against the decision of immediate payment of Haq-e-Mahr. The decision of the Peshawar High Court was upheld and the petitioner was ordered to pay Haq-e-Mahr immediately.
Muhammad Jamil, a resident of Peshawar, had remarried without his wife's permission. It may be recalled that in June last year, the Islamabad High Court had ruled that the permission of the conciliation council was necessary for a second marriage. The court had written in its judgment that the consent of the conciliation council would be required for the second marriage despite the consent of the wife. The court ruled that if a man marries after the refusal of the conciliation council despite the consent of the first wife, he will be punished for the second marriage.
According to the Muslim Family Law Ordinance 1961, a person who remarries without permission will be punished and fined. After which the process of punishing those who remarried without permission began. A man who remarries without the consent of his first wife was sentenced to 11 months in prison and fined Rs 250,000. Following the new ordinance, women's recourse to the courts against husbands' second marriages has increased. An amendment to the Family Muslim Law Ordinance also forced women to break the silence. For the second time, a large number of women have approached magistrates to take action against unfaithful husbands who have built a new home without permission.
