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LHC orders husband to pay Rs one million mehr to his first wife on contracting second marriage without consent

Lahore: Lahore High Court (LHC) has ordered husband to pay Rs 10 lac mehr to his first wife on contracting second marriage without her consent.

Justice Abid Hussain Chattha issued 8-page judgment on the petition filed by Mehnaz Salim.

The court approved claim of Mehnaz Saleem for mehr, maintenance, and the value of her dowry.

LHC while amending trial court decision remarked the husband is bound to pay mehr immediately to first wife on contracting one more marriage without consent of first wife.

It is pertinent to mention here Supreme Court (SC) had maintained first wife can terminate marriage if husband contracts second marriage without her consent.

The LHC ordered husband to pay monthly expenses of Rs 15,000 and the value of her dowry to his first wife until the divorce is effective remarking this legal clause is aimed at protecting financial rights of the wives and stopping unauthorized marriages.

It has been said in the decision the petitioner filed claim in family court for dowry and maintenance

There were three points in this case value of mehr, monthly expenses and return of dowry.

Family court ordered to pay Rs 15000 monthly expenses during iddat and Rs one million mehr in installments of Rs 45000 per month.

LHC said family court ordered to pay Rs 105000 to wife according to value of dowry.

The respondents filed appeal against family court decision in sessions court.

The trial court while accepting husband appeal partly declared null and void the decision of paying monthly expenses and mehr.

trial court reduced the value of dowry from Rs 1000500 to Rs 400000.

The petitioner challenged trial court decision in LHC.

According to petitioner the husband contracted third and forth marriage without permission.

According to family court the husband divorced her verbally, therefore, he is bound to pay monthly expenses till the period of iddat.

The decision said that according to petitioner the husband divorced her verbally which is not valid in the sight of law.

The marriage stays between husband and wife without meeting the legal norms of verbal divorce. If there is legal justification for quitting the home by wife then the husband is bound to pay monthly expenses till the divorce becomes effective.

The decision said as per record the husband told the petitioner about his first marriage wherein the wife had passed away. The wife came to know after marriage he had contracted second marriage already and she is his third wife. This became the reason for conflict between them and the petitioner was expelled from home.

LHC said the husband took the plea wife wrote mehr value Rs 10 lac through fake entry on nikkah name. According to husband wife left the home out of her own will ,therefore she is not entitled to monthly expenses. .

The petitioner told solid reasons for leaving home of husband.

Hiding his second marriage by husband has been proved through record.

It was moral obligation of husband to tell his wife the facts about his second marriage. But it has not been proved any where that the petitioner left the home due to misconduct or disobedience.