The Lahore High Court (LHC) has ruled that haq mehr is a fundamental legal right of a wife and must be paid by the husband in accordance with the law.
Key Observations by the Court
In a detailed 10-page verdict, Justice Muzammil Akhtar Shabbir observed that a wife is entitled to live separately from her husband until the complete payment of haq mehr is made. The court also noted that after marriage, the responsibility for a wife's maintenance and financial support lies solely with the husband.
Background of the Case
The ruling was issued while dismissing a constitutional petition filed by Irfan Sarfraz. The court stated that the petitioner failed to prove any misuse or violation of constitutional jurisdiction by the lower courts. It further emphasized that the assessment of evidence falls within the authority of the family court.
According to the petitioner, he had paid Rs 400,000 for four kanals of agricultural land. However, the court noted that he failed to provide reliable evidence or documentary proof to support the claim. The judgment observed that it was unreasonable to believe such a substantial payment had been made without any receipts or written record. The petitioner also referred to two witnesses but did not produce them before the court during the proceedings.
Details of the Marriage and Claim
Court records showed that the marriage took place in 2015, while the woman filed a claim in 2016 seeking haq mehr consisting of five tolas of gold, four kanals of agricultural land, and a five-marla house.
The appellate court had earlier directed the petitioner to provide the specified haq mehr items and also pay Rs 300,000 towards dowry-related expenses. The high court upheld key portions of the lower court’s ruling, including the matter related to the five-marla property, which lawyers representing both parties confirmed had already been resolved.
