LAHORE: The Lahore High Court (LHC) has issued a significant ruling on women’s rights and Haq Mehr, stating that it is a legal obligation of the husband and not a discretionary favour.
The court clarified that Haq Mehr is a wife’s lawful and religious right and is considered a “debt” on the husband under the law. It further ruled that any amount or property agreed upon at the time of marriage, including written agreements beyond the Nikah Nama, is legally enforceable.
It stated that the husband is bound to fulfil all commitments made during or at the time of marriage.
The case involved a woman who filed a petition in a family court seeking enforcement of an agreement that promised her a five-marla house and maintenance during the waiting period (Iddat). She argued that her husband signed a separate written agreement on the wedding day promising the property.
The trial court ruled in favour of the woman, which the husband later challenged in the Lahore High Court, claiming the agreement was fabricated and prepared later.
However, after reviewing evidence and witness testimonies, the High Court rejected the appeal and upheld the decision of the trial court.
The court noted that witnesses had confirmed the authenticity of the agreement in family court proceedings, establishing its legal validity.
In its remarks, the court highlighted that due to social and domestic pressures, women often do not claim Haq Mehr during marriage, but this does not mean they waive their legal right. The judgment emphasised that non-claiming of Haq Mehr does not amount to relinquishment of rights.
The ruling also noted that under Islamic principles, Haq Mehr can be fixed verbally, in writing, or even after marriage, and may be increased with mutual consent.
The court further stated that family courts must consider social realities alongside legal provisions to ensure fair and balanced justice in family disputes.
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