The Lahore High Court (LHC) has ruled that a woman’s right to dower (Haq Mehr) does not automatically end after obtaining a decree of khula, dismissing a husband’s petition and upholding the decision of the family court.
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Justice Mohsin Akhtar Kayani issued the verdict while hearing a petition challenging a family court’s ruling in a khula case. The court observed that mental, emotional, verbal and economic abuse, in addition to physical violence, fall within the definition of cruelty and can justify a woman’s entitlement to her dower.
According to the judgment, the petitioner had solemnised marriage in March 2022 with a dower amount of Rs100,000. The wife later approached the family court seeking khula, maintenance during the iddat period and payment of her Haq Mehr. She alleged that her husband subjected her to abuse after she demanded payment of the agreed dower.
The family court dissolved the marriage and awarded the woman 50% of her Haq Mehr. The husband’s appeal was declared inadmissible by the trial court, prompting him to file a petition before the Lahore High Court.
While dismissing the petition, the high court held that a wife’s credible testimony alone could be sufficient to establish cruelty. It further ruled that the absence of a medical report or a first information report (FIR) does not automatically invalidate claims of abuse.
The judgment also noted that denying financial support, forcing a wife to seek money from her parents, or expelling her from the marital home may constitute economic and emotional abuse. The court emphasized that family courts must examine the facts of each case individually before deciding matters related to Haq Mehr.
Read More: Wife’s dower right protected if marriage dissolved
The LHC further directed that family courts must record clear reasons for every decision regarding dower and reiterated that a decree of khula cannot be granted without the wife’s explicit consent. The petition was dismissed with multiple legal directions for future family court proceedings.