Husband bound to pay Haq Mehar whenever wife demands, rules SC

ISLAMABAD: The Supreme Court of Pakistan (SCP) declared that husbands are obligated to pay dowers to their wives upon request. Chief Justice of Pakistan (CJP), Qazi Faez Isa, emphasised in the three-page verdict that according to Shariah, a woman is entitled to receive a dower (Haq Mehar) at the time of marriage (nikah), and the country’s legal framework supports and protects this right.

The CJP clarified that if the marriage certificate (nikah nama) does not specify the time for the payment of the Haq Mehar the wife has the right to demand it at any time.

Expressing concern over the need for legal intervention in such matters, Justice Isa criticised the extended legal battle endured by the wife in this case, highlighting that it took six years for the matter to reach the Supreme Court.

The Chief Justice also criticised lower courts for not penalising the husband for filing unnecessary appeals, noting that such actions contribute to the prolonged duration of legal proceedings. He suggested that imposing fines on individuals filing unnecessary appeals could expedite the judicial process and prevent the system from being paralysed by such practices.

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In line with these observations, the CJP directed Khalid Parvez to pay a fine of Rs100,000, covering the costs of legal proceedings, and fulfil the dower obligation to his wife, Samina.

The appeal filed by Khalid Parvez was dismissed by the Supreme Court. The ruling underscores the importance of upholding women’s rights and discouraging frivolous appeals to ensure a more efficient judicial system.

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