Wife Cannot Be Deprived of Her Settled Rights After Nikaah: Lahore High Court

(Digital Itla) The Lahore High Court (LHC) has stated in its verdict that a wife cannot be deprived of her settled rights after signing the Nikaah Nama (marriage contract). Justice Sultan Tanvir of the LHC Multan Bench heard a petition filed by a woman regarding a dispute over land given as Haq Mehr (dower).

The court accepted the woman's petition, nullified the trial court's decision to pay PKR 1.6 million instead of the land, and sent the case back for a rehearing. The judicial order noted that the marriage took place in 2015, and two acres of land were set as Haq Mehr. The husband paid PKR 1.6 million based on the 2015 market rates instead of giving the land, a decision that the trial court had validated. The Lahore High Court ruled that if money is to be paid instead of land, it must be calculated according to the current market value. The Nikaah Nama is a civil contract, and its terms must be understood according to the true intention of the parties. The High Court added that courts must also look into whether the woman was aware of her rights at the time of marriage, stating that a husband cannot exploit any ambiguity to usurp his wife's rights. The court ruled that the trial court failed to properly interpret the Haq Mehr clause.