# He married again. Does she have to take khula and give up her dower? > No. In Pakistan a second marriage needs the Arbitration Council's prior written permission, and marrying without it is itself a ground for the wife to seek dissolution. In January 2026 the Supreme Court held that a court cannot turn her suit into khula unless she clearly asks for it, and ordered her remaining dower of Rs. 12 lakh to be paid. - Topic: Family - Court: Supreme Court of Pakistan - Citation: PLD 2026 SC 302 - The myth: "If he marries again, she must take khula and give up her dower." Verdict: Wrong. - Watch: https://failegal.site/media/second (video https://failegal.site/media/second/reel.mp4, 0:53) - Published by FAI Legal on 2026-10-10 When a husband takes a second wife, many women are told that their only way out is khula, and that khula means giving up the dower (haq mehr). This matters to any wife whose husband has married again, or is planning to, and to families advising her on what to ask the court for. ## Key points - Section 6(1) of the Muslim Family Laws Ordinance 1961: no man, during an existing marriage, shall contract another marriage "except with the previous permission in writing of the Arbitration Council". - Section 6(5)(a): a man who marries again without that permission must "pay immediately the entire amount of the dower, whether prompt or deferred", due to the existing wife or wives. - Section 2(iia) of the Dissolution of Muslim Marriages Act 1939: a wife may obtain a decree of dissolution if the husband "has taken an additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961". - The Supreme Court in PLD 2026 SC 302: a court cannot, on its own, convert a wife's suit for dissolution into khula without her clear statement asking for it. ## The rule in one line A husband who marries again without the Arbitration Council's written permission breaks the law. That gives the existing wife a ground to have her marriage dissolved by the court, and the Ordinance says the entire dower becomes payable at once. A court cannot quietly turn her case into khula unless she herself asks for khula. ## What happened in this case A wife filed a suit in the Family Court for dissolution of her marriage, for her dower and for maintenance, on grounds including cruelty. While the case was going on, in 2016, her husband married again without the Arbitration Council's permission. The Family Court dissolved the marriage by way of khula on the basis of her "aversion" to the husband, and made her give up her remaining dower. The appellate court and the Peshawar High Court upheld that decision. ## What the Supreme Court said The Supreme Court decided her appeal on 12 January 2026, reported as Mst. Naila Javed v. Nasir Khan, PLD 2026 SC 302. The Court held that a court cannot, on its own motion, convert a suit for dissolution under the Dissolution of Muslim Marriages Act into khula without the wife's clear statement asking for it (paragraph 9). It held that a second marriage without the Arbitration Council's written permission contravenes s.6 of the Muslim Family Laws Ordinance, with "penal consequences and civil consequences", including dissolution under the 1939 Act (paragraph 10). The appeal was allowed. The marriage was dissolved, and the husband was ordered to pay her remaining dower of Rs. 12,00,000 (paragraph 11). ## Khula is the wife's choice, not the court's shortcut Khula is a dissolution the wife herself asks for. Dissolution on a ground in the 1939 Act, such as an unpermitted second marriage or cruelty, is different: she proves the ground. When a court swaps one for the other without her asking, she can lose money she is owed. In this case the switch cost her the remaining dower in three courts, until the Supreme Court restored it. ## The case at a glance - **Facts:** A wife sued for dissolution, dower and maintenance. During the case, in 2016, the husband married again without the Arbitration Council's permission. The Family Court decreed khula on her aversion and made her give up the remaining dower; the appellate court and the Peshawar High Court upheld it. - **The question:** Whether a court may convert a wife's suit for dissolution into khula, and take away her dower, when she has not asked for khula; and the effect of a second marriage without permission. - **What the Court held:** No. A court cannot convert the suit into khula on its own without her clear statement. Appeal allowed, marriage dissolved, and the remaining dower of Rs. 12,00,000 to be paid. - **Why:** Khula rests on the wife's own request. A second marriage without the Arbitration Council's written permission contravenes s.6 of the 1961 Ordinance and carries penal and civil consequences, including dissolution under s.2(iia) of the 1939 Act. - **Limits:** The judgment turns on these facts: a wife who sued on statutory grounds and never asked for khula. A wife who does ask for khula is in a different position. The order on the dower follows the amount found due in this case. ## The law it relies on - **Muslim Family Laws Ordinance, 1961, s.6:** (1) "No man, during the subsistence of an existing marriage, shall, except with the previous permission in writing of the Arbitration Council, contract another marriage". (5) A man who marries again without that permission shall "(a) pay immediately the entire amount of the dower, whether prompt or deferred, due to the existing wife or wives" and (b) on conviction be punishable with simple imprisonment up to one year, or fine up to five thousand rupees, or both. - **Dissolution of Muslim Marriages Act, 1939, s.2(iia):** A woman married under Muslim law is entitled to a decree for dissolution on the ground "that the husband has taken an additional wife in contravention of the provisions of the Muslim Family Laws Ordinance, 1961". ## What this does not mean - It does not mean a wife can never take khula. She can ask for it; the point is that a court cannot impose it when she has sued on other grounds. - It does not mean every second marriage is unlawful. The Ordinance requires the Arbitration Council's prior written permission; the consequences follow when he marries without it. - It does not fix the dower in other cases. The Rs. 12 lakh was the remaining dower due in this marriage. ## Questions people ask ### My husband married again without permission. What can I do? Under s.2(iia) of the Dissolution of Muslim Marriages Act 1939, taking an additional wife in contravention of the Muslim Family Laws Ordinance is a ground for a decree of dissolution. Section 6(5) of the Ordinance also says he must pay immediately the entire dower, prompt or deferred. Speak to a family lawyer. ### Can the court turn my case into khula? In PLD 2026 SC 302 the Supreme Court held that a court cannot, on its own, convert a wife's suit for dissolution into khula without her clear statement asking for it. ### Do I lose my dower if the marriage ends? Not automatically. In this case, once the Supreme Court set aside the khula, it dissolved the marriage and ordered the remaining dower of Rs. 12,00,000 to be paid. ## Sources - Mst. Naila Javed v. Nasir Khan, PLD 2026 SC 302, Supreme Court of Pakistan, 12 January 2026, paras 9, 10, 11. A court cannot convert a suit for dissolution into khula without the wife's clear statement; a second marriage without written permission contravenes MFLO s.6 and is a ground for dissolution; remaining dower of Rs. 12,00,000 to be paid. (verified against full text) (official text: https://www.supremecourt.gov.pk/downloads_judgements/c.p._3767_2025.pdf) - Muslim Family Laws Ordinance, 1961, s.6 (text checked in FAI Statute Search) (official text: https://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-apaUY2Npa5po-sg-jjjjjjjjjjjjj) - Dissolution of Muslim Marriages Act, 1939, s.2(iia) (text checked in FAI Statute Search) (official text: https://pakistancode.gov.pk/english/UY2FqaJw1-apaUY2Fqa-cJaW-sg-jjjjjjjjjjjjj) ## What the reel says Heard this one? "If he marries again, she must take khula and give up her dower." Wrong. Muslim Family Laws Ordinance 1961, s.6: while a marriage subsists, a second marriage needs the Arbitration Council's previous written permission. One wife sued for dissolution of her marriage. During the case, her husband married again without permission. The Family Court turned her suit into khula and told her to give up her remaining dower; the appellate court and the Peshawar High Court upheld it. The Supreme Court (January 2026): a court cannot convert her suit into khula without her clear statement asking for it. Marriage dissolved, and her remaining dower of Rs. 12 lakh to be paid (PLD 2026 SC 302). A second marriage without permission is itself a ground for dissolution under s.2(iia) of the Dissolution of Muslim Marriages Act 1939. --- Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Reading this page does not create a lawyer and client relationship. Review status: Pending advocate review. 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