The Supreme Court dismissed the appeal of a man against the order of payment of haq mehar to his wife.
The court also ordered legal proceedings against Khalid Pervaiz and directed him to pay a fine of Rs100,000 for delaying the payment of the haq mehar to his wife Samina for six years.
Chief Justice of Pakistan Qazi Faez Isa declared in this written order that a husband is bound to pay the haq mehar whenever a wife demands it. The haq mehar is a requirement under the Shariah, which is also protected under the laws of the country.
The court declared that if the time of payment of the amount is not fixed in the marriage certificate (nikahnama), the wife can demand it at any time. In the present case, the wife had to file a case to get the haq mehar, which landed in the Supreme Court after six years.
The courts did not penalise the husband for filing unnecessary appeals, the CJP said in the order. The courts should not hesitate to impose fines to end unnecessary litigation, he remarked.
On Nov 21, the Supreme Court had imposed a fine of Rs100,000 on the man for not paying haq mehar to his wife.
CJP Qazi Faez Isa addressed the suspect, saying if he did not like the law of Pakistan, he could at least respect Islam. On the chief justice's query, the petitioner's lawyer replied that his client had two wives.
“Haq mehar is a wife’s right. Why was it not paid?” asked CJP Isa.
The CJP reprimanded the suspect for not paying the haq mehar amount of Rs500,000 mentioned in the marriage certificate (nikahnama) for six years and making the case linger on for that duration.
The petitioner's lawyer requested for withdrawing the case. The CJP remarked that it could not happen that they could withdraw the case whenever they wanted.
He told the petitioner that he would get justice, which should basically be given to both sides.
The Supreme Court imposed a fine of Rs100,000 on the petitioner and ordered him to pay the amount to his wife in a month.