ISLAMABAD – Hundreds of men are marrying for second time without their first wife’s consent or the Arbitration Council’s approval, until now as Supreme Court has now sent a strong warning, ruling such acts are illegal, and husbands can face criminal and civil consequences.
In landmark Naila Javed case, the Court overturned lower court decisions, ordered the husband to pay Rs. 1.2 million in haq mehr, and reinforced that women have the full right to dissolve marriage and claim their financial entitlements. The verdict makes it clear that consent is not optional, and the law will protect women.
The top court delivered strong verdict reinforcing women’s rights in marriage, ruling that a husband who marries a second time without the consent of his first wife and without the approval of the Arbitration Council is breaking the law and can face both criminal and civil proceedings.
The five-page judgment, authored by Justice Musarrat Hilali, was issued in the high-profile Naila Javed case, where the apex court overturned decisions of both the Family Court and the Peshawar High Court, ordering the husband to pay Rs. 1.2 million in haq mehr to his first wife.
The Court made it clear that under the Dissolution of Muslim Marriages Act, if a husband takes a second wife without his first wife’s permission, the woman has the full legal right to seek dissolution of the marriage. It also clarified that bypassing the Arbitration Council’s approval is a direct violation of Section 6 of the Muslim Family Laws Ordinance.
In this case, the husband admitted that he neither obtained written consent from his first wife nor approval from the council, and his second marriage during the pendency of the case was deemed illegal.
Apex Court further condemned the practice of converting a woman’s petition for divorce into khula without her consent, reiterating that khula is only valid with the woman’s clear and voluntary agreement.
The judgment said Naila Javed filed for dissolution of marriage citing cruelty and legal violations, yet the Family Court ignored her claims of abuse and ended the marriage under khula, forcing her to forgo her rightful haq mehr, despite the fact that she never wanted Khula.
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