Court Upholds Woman’s Right to Dower After Separation Over Husband’s Cruelty
The Lahore High Court, while giving an important decision in favor of a woman who obtained khula after the marriage broke up due to her husband’s mistreatment, has said that her right to dowry does not expire.
Justice Raheel Kamran of the Lahore High Court clarified an important aspect of deferred divorce, under which the right to dowry remains obligatory on the husband until the wife seeks khula through no fault of the husband.
Justice Raheel Kamran also emphasized that in the case under trial in the court, the woman presented credible evidence of cruelty and insulting behavior on the part of her husband, due to which she had to request a separation.
Referring to the decision of the Federal Sharia Court, he said that if a wife obtains khula on the basis of dislike for her husband, she has to return the right to dowry received, but if the reason for the khula is the husband’s fault, the wife cannot demand the return of the dowry already received.
Justice Raheel Kamran further said that in such a situation, the court has to decide how much money should be returned to the wife, keeping in mind the circumstances and facts of the case.
He termed the marriage contract as a contract and said that it is the responsibility of the husband to abide by the terms of the contract, unless there is any legal basis for deviation from it.
The justice explained that the husband’s responsibility does not end with simply asking for divorce, but it depends on why the wife asked for divorce.
If the wife has asked for divorce due to her husband’s misbehavior, then her right to dower will remain intact.
In the present facts of the case, the wife has leveled allegations of cruelty and insulting behavior by her husband, and the court decided to give her justice.
Justice Raheel Kamran also emphasized that since the marriage lasted for 9 years and the wife fulfilled her marital obligations, it would be unfair to refuse to pay the deferred dower.
