Khula does not nullify deferred dower right, rules LHC

Court upholds verdict in case involving recovery

LAHORE:

The Lahore High Court (LHC) has ruled that a woman cannot be deprived of her right to deferred dower merely on the basis of demanding khula, reaffirming that deferred dower is a contractual obligation binding on the husband unless there are valid legal grounds to avoid it.

Justice Raheel Kamran of the LHC made these observations while dismissing a petition filed by a man challenging the decisions of district courts in favour of his former wife, Iqra Saeed, for recovery of Rs200,000 as deferred dower, along with dowry articles and maintenance.

The court maintained that unless a woman seeks khula solely due to disliking her husband—without any fault or misconduct on his part—her entitlement to deferred dower remains intact. However, if the dissolution is sought due to the husband's misconduct or cruelty, as was alleged in the case, she remains entitled to full deferred dower.

Justice Kamran noted: "The mere fact that the wife sought khula does not automatically nullify this contractual obligation. If the husband's conduct compels the wife to seek dissolution, she retains her entitlement to the deferred dower."

The judge pointed out that the woman's claims of mistreatment and disrespect were unchallenged and constituted cruelty. This justified her entitlement to the dower just as she would be entitled in the case of divorce initiated by the husband.

In December 24, 2021, the respondent filed a suit seeking dissolution of marriage, recovery of Rs200,000 as dower, dowry articles worth Rs371,200, and maintenance. After the failure of reconciliation efforts, the marriage was dissolved through khula by the trial court on May 25, 2022.

Initially, the family court granted Rs5,000 per month as maintenance for the iddat period and Rs.100,000 as compensation for dowry articles in its October 26, 2023 ruling.

However, it did not adjudicate on the dower issue. On appeal, the case was remanded back to the family court, which on March 8, 2024, held the woman entitled to the full deferred dower amounting to Rs200,000.