Husband must pay dower on demand if timing unspecified, rules LHC

If the time for the payment of dower (Haq Mehr) is not specified in the marriage contract, the husband is legally bound to pay it whenever the wife demands it, the Lahore High Court (LHC) ruled on Tuesday.

In a detailed six-page judgement, Justice Abid Hussain Chattha accepted a petition filed by a woman, Fatima Bibi. The petitioner had approached the court seeking the recovery of maintenance, dowry, and dower amounting to five tolas of gold.

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The LHC set aside a trial court’s decision that had denied the payment of Mehr, declaring it legally flawed, restoring Fatima Bibi’s right to receive the agreed dower.

Earlier, a Family Court had ordered the petitioner’s husband to pay Rs5,000 per month as maintenance, along with the dower, while rejecting Fatima Bibi's claim for dowry. Both parties challenged the ruling before the trial court, which upheld the maintenance order, partially allowed the dowry claim by directing payment of either certain items or Rs250,000, but dismissed the claim for dower.

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Challenging the ruling, Fatima Bibi moved the LHC, arguing that her lawful right to dower had been wrongly denied. The court agreed, noting that a wife remains entitled to her dower regardless of whether her marriage ends or not.

The court upheld the appellate court’s findings regarding maintenance and dowry, but ruled that its decision regarding dower was incorrect. The LHC, consequently, reinstated the Family Court’s order on Mehr and partially allowed the petition.