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‘Mahr has to be paid whenever demanded by the wife’: Chief Justice

News Desk

Dec 06

The Supreme Court has ruled that haq mahr must be paid by the husband whenever the wife demands it, not just in the event of divorce. Mahr is the mandatory payment or gift from the groom to the bride at the time of marriage. It is a fundamental part of an Islamic marriage contract and is considered the bride’s exclusive right, reports The Express Tribune.

In a petition to the court, a husband had contended that since he had not divorced his wife, he was not liable to pay the mahr.

Rejecting the contention, a three-member bench led by Chief Justice Pakistan Isa referred to a 2001 judgment in which the Supreme Court had held that mahr can be demanded even when a marriage continues and that the husband is under obligation to pay the amount agreed upon at the time of the wedding.

Referring to that case, the bench lamented that the wife had to file a suit for recovery of her mahr and maintenance and the husband unnecessarily involved her in legal proceedings that reached the court after six-and-a-half years.

Chief Justice Isa criticised lower courts that did not penalize the husband for filing unnecessary appeals. “If the man was fined for filing unnecessary appeals, it would not have taken too long to decide the case. Filing of unnecessary appeals is paralyzing the judicial system,” he observed.
The CJP said that the courts should not hesitate to impose fines to end unnecessary litigation.


The chief justice ordered Khalid Parvez, the petitioner, to pay a Rs100,000 fine, the cost of legal proceedings along with mahr to his wife Samina, and dismissed his appeal, reported Dunya News.


“Mahr has to be paid whenever demanded by the wife,” said a three-page written order authored by Chief Justice of Pakistan Qazi Faez Isa in a case related to non-payment of the money. The court also noted that mahr is an Islamic concept mentioned in the Holy Quran— Surah An-Nisa verse 4 and Surah Al-Baqrah verses 236-7. It is specifically recognized by the law of Pakistan in Section 2 of the Muslim Personal Law (Shariat) Application Act, 1962.

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