The Lahore High Court has issued an important ruling regarding the payment of haq mehar after divorce. The court has made it clear that a husband must fulfill the entire dower obligation mentioned in the marriage contract.
In its decision, the Lahore High Court stated that both cash and jewellery listed in the nikahnama must be paid separately. The court emphasized that all items mentioned together form part of the haq mehar and cannot be ignored.
The ruling was delivered by Justice Sajid Mahmood Sethi of the Multan Bench. The Lahore High Court dismissed a petition filed by Aamir Ali, who had challenged an earlier Family Court decision. The court found no legal grounds to overturn the previous judgement.
According to the verdict, the Family Court had carefully reviewed all evidence and records. The High Court noted that the decision was based on facts and law. Therefore, there was no need for further interference.
The court also clarified an important point regarding jewellery. If a husband fails to return jewellery listed in the marriage contract, he must pay its current market value. This ensures that the wife receives her full legal entitlement.
The case dates back to a marriage that took place in 2011. The nikahnama listed Rs5,000, five tolas of silver, and 10 tolas of gold as haq mehar. After divorce, the ex-wife claimed that the jewellery had not been returned.
The petitioner argued that only Rs5,000 was the actual dower amount. He also claimed that the entries for gold and silver were forged. However, the Lahore High Court rejected this argument.
The court found that the petitioner could not prove his claim of forgery. Witnesses confirmed the authenticity of the nikahnama. The petitioner also admitted his signature on the document, which strengthened the case against him.
The ex-wife had presented a certified copy of the marriage certificate during the trial. This document was accepted as valid evidence by the court.
The judgement highlighted that higher courts only interfere when lower court decisions violate the law. Since the Family Court ruling was legally sound, the petition was dismissed.
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Overall, the Lahore High Court has reinforced the legal obligation of paying full haq mehar. The decision strengthens the protection of women’s rights in marriage and divorce cases.
