The Lahore High Court has issued a significant ruling on women’s financial rights, declaring that haq mehr (dower) must be paid upon the wife’s demand if no payment timeline is specified.
The verdict came in a petition filed by a woman seeking recovery of her dues.
Justice Abid Hussain Chattha issued a detailed six-page written verdict on a petition filed by Fatima Bibi. The court partially accepted the petition, ruling in favor of the petitioner regarding the payment of haq mehr.
It directed that if the time for payment is not mentioned in the marriage certificate, the husband is obligated to pay the dower whenever the wife demands it.
According to the decision, the petitioner had filed a claim seeking recovery of non-maintenance (nafaqah), dowry, and five tola gold as haq mehr from her husband.
The family court initially ordered the husband to pay Rs5,000 as monthly maintenance and return dowry items but rejected the claim for haq mehr.
Court modifies family court decision
Both parties challenged the family court’s ruling in the trial court.
The trial court upheld the monthly maintenance and ordered payment of some dowry items or Rs250,000 as compensation. However, it dismissed the claim related to haq mehr.
Dissatisfied with the trial court’s ruling, the petitioner approached the Lahore High Court. She argued that the decision regarding haq mehr was incorrect and that her legal right had been violated.
Court overturns decision on dower
The Lahore High Court ruled that even if the marriage between husband and wife is not dissolved, the wife remains entitled to haq mehr. The court declared that the trial court had made an incorrect decision by denying the dower claim.
It reinstated the family court’s decision regarding haq mehr and declared the trial court’s ruling in this regard null and void.
The court emphasized that the absence of a specified timeline in the marriage contract does not negate a woman’s right to dower. Instead, it strengthens her right to claim haq mehr at any time during the marriage upon demand.
While the petition was partially accepted, the court upheld the decisions regarding maintenance and dowry as determined by lower courts. The ruling is being seen as an important clarification of women’s financial rights under family law.
