Lahore: The Lahore High Court has ordered a husband to pay
Rs 1 million as dowry to his first wife for marrying without permission.
Justice Abid Hussain Chhatta issued an 8-page decision on
the petition of Mehnaz Saleem. The court accepted the petition of the
petitioner woman to pay the amount according to the value of the dowry,
expenses, and dowry goods.
The Lahore High Court, while amending the trial court's
decision, said that the husband is obliged to immediately pay the dowry amount
to the first wife in the event of another marriage without the permission of
the wife. The court ordered the first wife to pay Rs 15,000 per month according
to the value of the dowry and expenses until the divorce becomes effective,
saying that this legal provision is to protect the financial rights of wives
and prevent arbitrary marriages.
The decision said
that the petitioner woman filed a claim in the family court for dowry and
non-maintenance from her husband. In the present case, there was a dispute over
the return of 3 points of dowry, expenses, and dowry goods. The family court
ordered the payment of Rs 15,000 during the iddah period and Rs 1 million of
dowry in monthly installments of Rs 45,000.
The Lahore High Court said that the family court ordered the
wife to pay Rs 1 million 500 as per the value of the dowry. The parties filed
an appeal in the Sessions Court against the decision of the family court. The
trial court partially accepted the husband's appeal and declared the decision
to pay dowry and expenses null and void.
The decision states that the trial court also reduced the
value of the dowry from Rs 10,500 to Rs 400,000. The petitioner approached the
Lahore High Court against the trial court's decision. According to the
petitioner, the husband married a third and then a fourth time without
permission. According to the petitioner, the husband threw her out of the house
in 3 clothes. According to the family court, the husband gave verbal divorce,
so he is only obliged to pay expenses for the period of iddah.
The court said in the decision that according to the
petitioner, the husband gave verbal divorce, which is not permissible in the
eyes of the law. The marriage between the husband and wife continues without
fulfilling the legal requirements of verbal divorce. If there is a legal
justification for the wife leaving the house, the husband is obliged to pay
monthly expenses until the divorce becomes effective.
The decision said that according to the record, the husband
only told the petitioner about the first marriage in which the wife had died.
After the marriage, the wife found out that he had already married a second
time and the petitioner was the third wife. This is the reason for the dispute
between the parties and the petitioner was evicted from the house.
The Lahore High Court said that the husband took the
position that the wife had made a fake entry in the marriage certificate and
the dowry was Rs 1 million. According to the husband, the wife left the house
of her own free will, so she is not entitled to the expenses. The petitioner
gave concrete reasons for leaving the husband's house.
The written decision said that the husband's concealment of
the second marriage was proven from the record. It was morally the husband's
duty to tell the facts about his second marriage at the time of marriage. It
was not proven anywhere that the petitioner left the house due to his
misconduct or disobedience.
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