LAHORE: The Lahore High Court (LHC) has issued an important ruling regarding payment of dower (Haq Mehr) to a wife.
The court held if no time for payment of dower is specified in Nikahnama (marriage contract), dower must be paid whenever wife demands it.
The court approved the petition filed by a woman seeking payment of her dower amount and set aside the trial court’s decision that had denied her the dower.
Justice Abid Hussain Chattha issued a six-page judgment on the petition filed by Fatima Bibi. The court upheld the appellate court’s decision regarding maintenance (nafaqah) and dowry.
The petitioner had filed a claim against her husband seeking maintenance, dowry and dower equivalent to five tolas of gold.
According to judgment, the family court had ordered a monthly maintenance of Rs5,000 and payment of dower, while rejecting dowry claim.
Both parties challenged the family court’s decision in trial court. The trial court upheld maintenance, ordered either return of some dowry items or payment of Rs250,000, but dismissed the dower claim.
The petitioner then approached the LHC against the trial court’s decision, arguing the ruling on dower was incorrect and had deprived her of her right.
The judgment said even if marriage between husband and wife has not ended, the wife is still entitled to receive her dower. The court further held the appellate court had erred in its decision regarding dower.
The LHC restored the family court’s decision on dower and ruled the petition was partially accepted.
