The Lahore High Court has ruled that a wife is not required to forfeit her dower (haq mehr) simply because she seeks khula (judicial dissolution of marriage) if the breakdown of the marriage was caused by the husband’s cruelty.
In a 14-page written judgment, Justice Mohsin Akhtar Kayani dismissed a constitutional petition filed by a man named Arsalan, upholding the Family Court’s decision and clarifying that there is no automatic legal requirement for a wife to return her dower after obtaining khula.
The court held that Family Courts must examine the facts and evidence of each case individually instead of applying a blanket rule. It said the use of the term khula alone cannot justify depriving a woman of her dower, as liability depends on the circumstances that led to the separation.
According to the judgment, the central issue in such disputes is the cause of the marital breakdown. Where a husband’s cruelty, mistreatment or other improper conduct has compelled the wife to seek dissolution of the marriage, she cannot be denied her dower on that basis alone.
Justice Kayani said that cruelty extends beyond physical violence and may also include mental, verbal, emotional and economic abuse. The judgment added that a wife’s credible and reliable testimony may, in appropriate cases, be sufficient to establish cruelty without the need for supporting medical reports, First Information Reports (FIRs) or other documentary evidence.
The court stressed that each dispute must be decided on its own merits, with Family Courts assessing the available evidence before determining whether a wife is obliged to return her dower. It stated that no universal rule could govern all cases involving khula and dower because the facts varied from one marriage to another.
The judgment also highlighted uncertainty in the existing legal framework governing khula and dower. It urged Parliament to consider enacting clearer legislation to provide consistent guidance for Family Courts handling such disputes.
