In a significant ruling on family law, the Lahore High Court's Multan Bench has held that a wife has the right to live separately from her husband until the full payment of her dower (haq mehr).
The court also ruled that a husband remains responsible for the maintenance and financial support of his wife after marriage, emphasizing that dower is a legally enforceable right.
The ruling was issued by Justice Muzammil Akhtar Shabbir while deciding a constitutional petition filed by Irfan Sarfaraz. The court dismissed the petition for being without merit and upheld the decisions of the lower courts.
According to the judgement, the petitioner had challenged the constitutional jurisdiction of the subordinate courts' decisions.
However, the court observed that the petitioner failed to establish any constitutional violation or jurisdictional defect in the rulings of the lower courts.
Dower legal right of the wife
In its written decision, the court stated that dower is a legal right of a wife which the husband is bound to pay. The judgement further clarified that a wife has the right to remain separate from her husband until the agreed dower is fully paid.
The court also emphasized that if a man marries a woman, he assumes full responsibility for her maintenance and support.
Family courts have authority to assess evidence
The court noted that it is the legal duty and authority of family courts to examine evidence presented before them.
According to the judgement, the family court is fully empowered to evaluate evidence and reach conclusions based on the facts of a case. The court found no legal grounds to interfere with the findings of the lower courts.
According to the judgement, the petitioner married the woman in 2015. In 2016, the wife filed a claim seeking five tolas of gold, four kanals of agricultural land and a constructed five-marla house as dower.
The matter was later decided by the appellate court, which directed the petitioner to provide four kanals of agricultural land and five tolas of gold.
The appellate court also ordered him to pay Rs300,000 as the value of the dower property.
Court rejects petitioner’s claims
The petitioner challenged the appellate court's decision through a constitutional petition.
According to the petitioner, he had already paid Rs400,000 in lieu of the four kanals of agricultural land. He claimed that the payment was made in the presence of two witnesses.
However, the judgement noted that the petitioner failed to produce those witnesses before the court.
The court observed that a reasonable person would find it difficult to believe that such a payment was made without any receipt, documentary proof or supporting evidence.
Five-marla plot claim upheld
The petitioner also stated that a five-marla plot had already been provided. According to the judgement, lawyers representing both parties confirmed this fact during proceedings.
The court held that the lower court was correct in accepting the claim to that extent. After reviewing the record, the LHC found no justification to overturn the findings of the subordinate courts.
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