LHC Rules Full Dower Payment Mandatory When Husbands Marry Again

LAHORE – The Lahore High Court (LHC) has ruled that a husband who marries again without his first wife’s consent must pay her full dower, alongside maintenance and dowry-related payments. The landmark decision strengthens women’s financial rights and discourages unilateral marriages.

Justice Abid Hussain Chatha issued the eight-page verdict following a petition by Mehnaaz Saleem, revising earlier court decisions. The husband has been ordered to pay Rs1 million as dower, Rs15,000 monthly maintenance with a 10% annual increase since 2021, and the assessed value of dowry items.

The petitioner had initially approached the family court seeking haq mehr, maintenance, and dowry recovery. In 2024, the family court instructed the husband to pay Rs15,000 per month during the iddat period and clear the dower in monthly installments of Rs45,000, along with Rs1.005 million for dowry. The husband’s appeal reduced the obligations, prompting the petitioner to approach the high court.

The LHC noted that the husband had married a third and fourth time without consent and expelled the first wife from the home with only three sets of clothes. His claim of a verbal divorce was found legally insufficient, as proper formalities were not completed. The court emphasized that the husband remained responsible for maintenance until a legal divorce was finalized.

The judgment highlighted that concealment of previous marriages at the time of nikah, including one that ended with a first wife’s death, triggered the dispute. The court confirmed that wives cannot be expelled without justification and are entitled to financial protection.

The LHC ruling reinforces that wives have a legal right to full dower, maintenance, and dowry payments if a husband contracts another marriage without consent. It sends a clear message that unilateral marriages violate both moral and legal obligations under Pakistan’s Muslim family law.

This decision marks a significant step in safeguarding women’s financial rights and ensuring accountability in marital matters.