The Lahore High Court has ruled that a woman remains entitled to her dower (haq mehr) even if rukhsati has not taken place or the marriage was not consummated. The court set aside the decisions of lower courts while accepting a woman’s appeal in a case involving khula and dower rights. The ruling clarifies important legal protections for women under family law.
In its judgment, the Rawalpindi Bench of the Lahore High Court stated that the right to dower arises from the marriage contract and is not dependent on rukhsati or the establishment of marital relations. The court emphasized that women cannot be deprived of their lawful entitlement on these grounds.
The judgment further stated that if no specific time for payment of dower is mentioned in the nikahnama, the entire amount becomes immediately payable. The court added that where details of the dower are unclear or ambiguous in the marriage contract, the full amount must be paid upon demand by the wife.
Addressing the issue of khula, the court reaffirmed that it is an independent legal and religious right of a woman. The judgment noted that a husband’s consent is not mandatory for granting khula. If reconciliation becomes impossible and the wife remains firm in her decision, the court may issue a decree of khula.
The court also clarified that after a khula decree takes effect and the prescribed iddat period is completed, a woman is legally permitted to remarry. The ruling came in response to an appeal filed by a woman before the Rawalpindi Bench challenging decisions issued by subordinate courts.