Wife's dower rights protected in cases of husband's misconduct: LHC
Translated from English, summarized and contextualized by DistantNews.
At a glance
- A Lahore High Court ruling protects a wife's right to dower (Haq Mehr) even if a marriage is dissolved due to the husband's misconduct.
- The court dismissed a husband's petition challenging a family court decision that awarded 50% of deferred dower to his ex-wife.
- The ruling aims to prevent automatic forfeiture of dower in cases of marital dissolution caused by the husband's actions.
A Lahore High Court ruling affirms a wife's right to her dower (Haq Mehr) when a marriage ends due to the husband's cruelty or misconduct. Justice Mohsin Akhtar Kayani issued directives to halt the automatic forfeiture of dower in such dissolution cases, dismissing a husband's challenge to a family court's decision.
The case involved a couple married in March 2022 with a deferred dower of Rs100,000. Shortly after, the wife sought a dissolution of marriage, citing physical and verbal abuse. She alleged her husband was unemployed, involved in theft and intoxication, and expelled her from their home.
The family court in Toba Tek Singh dissolved the marriage. The husband appealed, but the High Court upheld the wife's right to her deferred dower, awarding her 50 percent. The ruling clarifies that a wife's dower remains protected, even if the court formally grants a 'Khula' (divorce initiated by the wife) under circumstances of marital dissolution caused by the husband's fault.
Originally published by Dawn in English. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.