Court restores woman’s right to Haq Mehr, overturns lower court order denying payment
LAHORE:
If the time for payment of dowry (Haq Mehr) is not specified in the marriage contract, the husband is legally bound to pay it when the wife demands it, the Lahore High Court (LHC) ruled on Tuesday.
In a detailed six-page judgment, Justice Abid Hussain Chattha accepted a petition filed by a woman, Fatima Bibi. The petitioner had approached the court seeking repayment of alimony, dowry and dowry of five tolas of gold.
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The LHC set aside a court ruling that had denied payment of Mehr, declaring it legally deficient, and restored Fatima Bibi’s right to receive the agreed dowry.
Earlier, a family court had ordered the petitioner’s husband to pay Rs 5,000 per month as maintenance along with the dowry while rejecting Fatima Bibi’s demand for dowry. Both parties challenged the decision before the trial court, which upheld the maintenance obligation, partially allowed the dowry claim by directing payment of either certain items or Rs250,000, but rejected the claim for dowry.
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Fatima Bibi challenged the decision and moved the LHC, arguing that her legal right to dowry had been wrongfully denied. The court agreed, noting that a wife remains entitled to her dowry whether her marriage ends or not.
The court affirmed the appellate court’s findings regarding alimony and dowry, but ruled that its decision regarding dowry was incorrect. The LHC therefore reinstated the Family Court’s order on Mehr and allowed the petition in part.
