The Supreme Court of Pakistan (SCP) has decreed that husbands are legally obligated to pay Haq Meher to their wives upon request.
Chief Justice of Pakistan (CJP), Qazi Faez Isa, underscored in a three-page verdict that, according to Shariah, women are entitled to receive a Haq Mehar at the time of Nikkah, and the country’s legal framework upholds and safeguards this right.
CJP Isa clarified that if the Nikkah Nama does not specify the time for the payment of the Haq Mehar, the wife retains the right to demand it at any time.
Expressing concern over the necessity for legal intervention in such matters, Justice Isa criticized the prolonged legal battle endured by the wife in this case, emphasizing that it took six years for the matter to reach the Supreme Court.
The Chief Justice also rebuked lower courts for not penalizing the husband for filing unnecessary appeals, noting that such actions contribute to the protracted duration of legal proceedings. He proposed that imposing fines on individuals filing frivolous appeals could expedite the judicial process and prevent the system from being paralyzed by such practices.
In accordance with these observations, the CJP directed Khalid Parvez to pay a fine of Rs100,000, covering the costs of legal proceedings, and fulfill the dower obligation to his wife, Samina.
The appeal filed by Khalid Parvez was dismissed by the Supreme Court. The ruling underscores the significance of upholding women’s rights and discouraging baseless appeals to ensure a more efficient judicial system.
I wish if he could have also mentioned in judgement that haq mehar has to be returned by wife in case she demands khula. Currently, in Pakistani courts it is getting very common that wives are getting khula without any knowledge of husband sending notices to husbands on address they don’t live at. Lawyers have invented this new way.