The Lahore High Court (LHC) has ruled that a woman does not automatically lose her right to Haq Mehr (dower) simply because she seeks khula, reaffirming the legal protection available to women under Pakistan’s family laws.
In a 14-page judgment, Justice Mohsin Akhtar Kayani dismissed a petition filed by a man identified as Arsalan, who challenged a family court’s decision requiring him to pay Haq Mehr to his former wife following the dissolution of their marriage.
Family Courts Can Order Payment of Haq Mehr
The court held that family courts are legally empowered to order the payment of Haq Mehr wherever it is found to be payable under the law.
Justice Kayani also observed that greater legislative clarity is needed to eliminate confusion surrounding the legal framework governing Haq Mehr and khula, suggesting that new legislation could help address differing interpretations.
Khula Does Not Cancel Dower Rights
In its ruling, the court made it clear that a woman’s decision to obtain khula does not, by itself, extinguish her entitlement to Haq Mehr.
The judgment emphasised that each case must be decided according to the applicable law and the facts presented before the court, rather than on the assumption that seeking khula automatically waives financial rights arising from marriage.
Court Broadens Definition of Cruelty
The LHC also addressed the issue of cruelty in matrimonial disputes, stating that physical, mental, emotional, and financial abuse all fall within the legal definition of cruelty.
The court further held that a wife’s credible testimony may be sufficient to establish cruelty in appropriate cases, depending on the evidence before the court.
Ruling Reinforces Women’s Legal Protections
The judgment comes amid continued judicial efforts to strengthen the protection of women’s legal rights in Pakistan.
In recent decisions, the Supreme Court has also reaffirmed that women cannot be deprived of their inheritance rights through tribal customs, jirga rulings, or other extra-legal practices, underscoring the constitutional and legal safeguards available to women.
The latest LHC ruling is expected to provide greater clarity on the rights of women seeking khula while reinforcing the authority of family courts to protect financial entitlements guaranteed under the law.
