‘Women entitled to Haq Mehar after Khula in abusive marriage,’ rules Lahore High Court

The Lahore High Court (LHC) has ruled that the dissolution of marriage due to the husband’s misconduct does not nullify the woman’s entitlement, upholding her right to recover Haq Mehar [deferred dower] even after obtaining divorce through Khula [dissolution of marriage].

Addressing a more critical aspect of deferred dower, Justice Raheel Kamran said that under Islamic law and the Nikahnama, the husband remained obligated to pay dower unless the wife sought Khula without any fault on his part.

The judge, however, noted that in the particular case being heard by the court, the woman had provided credible evidence of cruelty and disrespectful conduct by her husband, which prompted her to seek separation.

Justice Kamran observed that giving dowry articles to daughters was a deep-rooted practice in society, followed by the parents of all classes irrespective of their financial status.

He stated that the concept of Khula was based on verses No 228 and 229 of Surah Al-Baqarah, and noted that the application of Khula was found in the lifetime of the Holy Prophet (Peace Be Upon Him) and thereafter.

Referring to a Federal Shariat Court ruling for a wife to return dower if she seeks Khula merely on the basis of dislike for her husband, the judge said that in such cases, the amount the wife should return should be determined by a court while keeping in view facts and circumstances of the case.

Justice Kamran said a Nikahnama was a valid and binding contract between a wife and her husband and deferred dower was a contractual obligation under the same. Unless there are valid legal grounds to deviate from the terms of this contract, the husband is bound to fulfill his obligation, the judge said.

“The mere fact that the wife sought Khula does not automatically nullify this contractual obligation,” reports quoted the judge as saying.

In order to determine the entitlement of a wife seeking Khula to the claim of deferred dower, the judge said, the key consideration was the reason for her seeking Khula. Where a wife seeks Khula on the ground that she dislikes her husband, without any fault on the part of the husband, she loses her right to deferred dower in the same way as in the case of prompt dower, he explained, adding that if the husband’s conduct compels the wife to seek dissolution, she retains her entitlement to Haq Mehar.