ISLAMABAD: The Federal Shariat Court in its ruling has directed the Muslim women who seek Khula (divorce) from their husbands to return Haq Mehr they have received from their spouses at the time of their union.
The verdict released on Saturday was announced by FSC Chief Justice Muhammad Noor Kanzai, Justice Dr Syed Muhammad Anwar, and Justice Khadim Hussain M Sheikh on Feb 17, 2022. Haq Mehr is an obligatory payment in the form of cash or other valuables which a man makes directly to his wife at the time of their wedding.
In its ruling, the Shariah Court while declaring the 2015 amendments namely Section X and Sub Sections V and VI to the 1964 Family Law null and void has directed the women to give back Haq Mehr to their husbands from whom they want a divorce on the basis of Khula.
The Islamic court has further stated if a man leaves his wife, he is supposed to pay her Haq Mehr.
Before the introduction of the 2015 Amended Section X, Sub Sections V, VI, a woman used to return 25% of Mehr Muajjal and under Sec VI she would leave 50% of Ghair Muajjal Mehr to her husband. But now the FSC has ruled that a Khula-seeking woman should forego all of her Haq Mehr. And this rule will become applicable from May 1, 2022, it said.
A Mehr which is paid immediately by the husband to his wife is called Muajjal and Mehr which is postponed is called Ghair Muajjal.
The court gave this verdict after hearing petitions filed by four men who were nagged by their ex-wives who had got Khula and were obtaining degrees against them in order to get Haq Mehr.
The FSC elaborated that all cases which will land in civil family courts after May 1, 2022, this ruling will be applied on them.
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