Summary Justice Mirza Waqas Rauf issued a nine-page written verdict clarifying the legal position regarding the return of dower (Haq Mehr) in cases of khula (divorce sought by the wife)
LAHORE (Dunya News) – The Lahore High Court on Wednesday, in a landmark judgment, ruled that a woman remains entitled to her dower even if the couple never lived together or the bride was never formally sent to her husband's home (rukhsati).
Justice Mirza Waqas Rauf issued a nine-page written verdict clarifying the legal position regarding the return of dower (Haq Mehr) in cases of khula (divorce sought by the wife) on a petition filed by Azka Afreen.
The court observed that even if the wife has never been sent to her husband’s home (rukhsati) or the non-consummation of marriage does not nullify the legal entitlement to dower. It held that if the marriage contract (nikahnama) does not specify a date or condition for payment of dower, the entire amount becomes payable immediately.
According to the judgment, where the terms of the dower are not clearly defined, the law treats the full amount as payable on demand. In the case at hand, the dower specified in the nikahnama —10 tolas of gold, one kanal of land, and a house — was deemed to be immediately payable.
The court further ruled that in cases of khula, where a woman seeks dissolution of marriage, she is required to return 25 percent of the dower to her husband. The marriage will stand dissolved on the basis of khula provided the wife returns this 25 percent share of the dower.
Correcting what it described as errors by the lower courts, the Lahore High Court accepted Azka Afreen's petition and granted the requested relief.
