In a significant ruling, the Lahore High Court has affirmed that a woman retains the right to recover her full deferred dower even after obtaining a divorce through Khula, provided the dissolution of marriage is sought on account of the husband’s misconduct.
Justice Raheel Kamran, delivering the judgment, emphasized that under Islamic law and the terms of the Nikahnama—a binding marital contract—the husband remains obligated to fulfill the dower commitment unless Khula is initiated by the wife without any fault on his part. In the case at hand, the wife submitted credible evidence substantiating her husband’s cruelty and disrespectful behavior, which compelled her to seek separation.
Citing verses 228 and 229 of Surah Al-Baqarah from the Holy Quran and established precedent from the life of the Holy Prophet (PBUH), the court reiterated the jurisprudential foundation of Khula in Islamic law. Justice Kamran also referred to a judgment of the Federal Shariat Court, which held that while a woman who seeks Khula solely due to personal dislike may be required to return the dower, a woman who seeks divorce based on the husband’s proven fault is not liable to do so.
The court further clarified that in such instances, it is the prerogative of the court to determine whether any amount is to be returned, taking into account the facts and circumstances of each case.
Justice Kamran stressed that the Nikahnama constitutes a valid contractual obligation, and unless there are lawful grounds to deviate from its terms, the husband remains bound to pay the deferred dower. “The mere fact that the wife seeks Khula does not automatically nullify this contractual obligation,” he observed.
The ruling draws a crucial distinction based on the grounds for seeking Khula. If a wife seeks divorce due to personal aversion without any fault on the husband’s part, her entitlement to deferred dower is forfeited. Conversely, if the husband’s conduct—such as cruelty or abuse—necessitates the dissolution of marriage, the woman retains her right to the dower.
In the present case, the court noted that the marriage endured for nine years, during which the wife dutifully fulfilled her marital responsibilities. Given the substantiated allegations against the husband, the court held that denying her deferred dower would amount to injustice. The judgment also distinguished the case from earlier precedents cited by the husband’s counsel, where allegations of cruelty had not been proven.
This ruling marks a pivotal clarification in Pakistan’s jurisprudence concerning women’s financial rights post-divorce, aligning contractual obligations with principles of equity and Islamic justice.
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