In a significant ruling, the Lahore High Court (LHC) has directed a husband to immediately pay Rs1 million in dower to his first wife. This decision comes after the husband married again without obtaining permission.
The LHC also restored the wife’s rights to monthly maintenance and other financial claims. Justice Abid Hussain Chatta issued an eight-page verdict on the petition filed by Mehnaz Saleem, overturning a previous trial court decision.
The court highlighted that while dower is generally payable at the end of a marriage, it becomes immediately due if a husband contracts a second marriage without legal authorization.
The husband was instructed to pay Rs15,000 per month in maintenance, with a 10 percent annual increase from 2021 until the marriage is legally dissolved. The ruling also emphasized that if a wife leaves the house with legal justification, the husband must continue supporting her until divorce procedures are complete.
The case originated in family court, where the petitioner sought recovery of dower, maintenance, and dowry items. Initially, partial payments in installments were allowed, but the trial court later reduced the amounts. The petitioner challenged this decision in the LHC.
Court records revealed that the husband had concealed his previous marriages, falsely claiming that his first wife had died. The petitioner discovered she was actually his third wife. The LHC ruled that the husband’s concealment violated ethical and legal duties to disclose prior marriages.
The court also noted that verbal divorce without fulfilling legal procedures does not end a marriage. Therefore, all financial obligations, including dower and maintenance, remain enforceable.
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The LHC emphasized that the ruling protects wives’ financial rights and ensures transparency in marital relationships. It reinforces the importance of family law in safeguarding women against unauthorized marriages and arbitrary treatment by husbands.
