LHC upholds wife's right to full dower

Jewellery, cash both integral to haq mehr

LAHORE:

The Lahore High Court (LHC) has ruled that a husband remains legally bound to pay the full dower (haq mehr), including cash and jewellery, as specified in the nikahnama, even after divorce.

The court further held that if the husband fails to return the listed jewellery, the wife is entitled to its market value.

Justice Sajid Mahmood Sethi of the Multan Bench announced the verdict while dismissing a petition filed by Amir Ali, thereby upholding the decisions of the trial and family courts.

In its ruling, the court emphasised that all items mentioned in the nikahnama, whether cash or ornaments, collectively constitute dower, but must be paid separately as specified.

The judgment clarified that each listed component carries independent legal value and cannot be ignored.

According to case details, the petitioner was married in 2011, and the nikahnama recorded dower as Rs5,000, five tolas of silver and ten tolas of gold. The former wife maintained that the jewellery had not been handed over after the divorce.

The petitioner argued that only Rs5,000 was agreed upon as dower and had already been paid, claiming the inclusion of gold and silver in the nikahnama was fraudulent. However, the court noted that he failed to prove any forgery.

The record showed that witnesses had verified the contents of the nikahnama, and the petitioner himself had acknowledged his signature on the document. The former wife also submitted a certified copy of the nikahnama in court.

Rejecting the petitioner's claims, the court ruled that the family court's decision was based on solid evidence and record.

It reiterated that the high court interferes in family court rulings only when they are contrary to the law, which was not the case here.

Consequently, the high court upheld the family court's judgment and ordered the husband to ensure full payment of the dower, including the jewellery or its market value.