In a significant ruling on family laws, the Lahore High Court (LHC) has ordered a husband to immediately pay Rs1 million in dower to his first wife after contracting another marriage without permission.
The court also restored her right to monthly maintenance and other financial claims.
Justice Abid Hussain Chatta issued an eight-page verdict on a petition filed by Mehnaz Saleem, modifying the earlier trial court decision.
The court ruled that if a husband contracts a second marriage without permission, he is legally bound to immediately pay the agreed dower amount to the first wife. In this case, the husband was directed to pay Rs1 million as dower.
The judgment emphasized that although dower is generally payable at the end of marriage, it becomes immediately payable if the husband marries again without fulfilling legal requirements.
Monthly maintenance and financial obligations
The court further ordered the husband to pay Rs15,000 per month in maintenance, with a 10 percent annual increase from 2021 until the marriage is legally dissolved.
The ruling stated that if there is legal justification for the wife leaving the house, the husband remains obligated to pay her monthly expenses until the divorce becomes effective.
The petitioner’s application seeking payment according to the value of the dower, maintenance, and dowry items was approved.
Background of the case
The petitioner had filed a suit in family court seeking recovery of dower, maintenance, and return of dowry items. The dispute revolved around three key issues: the amount of dower, maintenance, and the return or value of dowry articles.
In 2024, the family court directed the husband to pay Rs1 million in dower and Rs15,000 in monthly maintenance during the iddah period, with the dower to be paid in installments of Rs45,000. The court also ordered payment of Rs10,500 as the value of dowry items.
Both parties challenged the decision in the Sessions Court.
Trial court decision overturned
The trial court partially accepted the husband’s appeal, declaring the earlier decision on payment of dower and maintenance null and void. It also reduced the value of dowry items from Rs10,500 to Rs400,000.
The petitioner then approached the Lahore High Court against the trial court’s decision.
Dispute over marriages and concealment
According to the petitioner, the husband had married for the third and then the fourth time without permission. She alleged that she was expelled from the house “in three pieces of cloth.”
The husband argued that the wife had inserted a fake entry in the marriage certificate showing the dower amount as Rs1 million. He claimed she left the house voluntarily and therefore was not entitled to maintenance.
However, court records showed that the husband had only disclosed his first marriage, stating that his first wife had died. After marriage, the petitioner discovered that he had already contracted a second marriage and that she was in fact his third wife.
Court’s observations on legal and ethical duty
The LHC observed that the husband’s concealment of his second marriage was proven on record. It ruled that ethically and legally, it was his duty to disclose such facts at the time of marriage.
The court found no evidence that the petitioner left the house due to misconduct or disobedience. It also noted that the husband failed to prove that she had no legal justification for leaving.
Regarding divorce, the family court had observed that the husband issued a verbal divorce and was therefore only liable for iddah maintenance. However, the petitioner argued that verbal divorce without fulfilling legal requirements is not valid.
The LHC noted that marriage continues until legal requirements for divorce are fulfilled.
Purpose of the ruling
The court highlighted that the purpose of immediate dower payment in cases of unauthorized second marriage is to protect the financial rights of the wife and prevent arbitrary or fraudulent marriages.
By restoring the petitioner’s financial entitlements, the Lahore High Court reinforced safeguards under family law to ensure transparency and fairness in marital relationships.
