The Lahore High Court (LHC) has ruled that if the timing of dower (Haq Mehr) is not specified in a marriage contract, the husband is legally bound to pay it whenever the wife demands.
Justice Abid Hussain Chattha issued the ruling in a six-page judgment while deciding a petition filed by Fatima Bibi, who had sought recovery of maintenance, dowry and dower amounting to five tolas of gold.
The court set aside a trial court decision that had denied the payment of dower, declaring it legally flawed and restoring the petitioner’s right to receive the agreed amount.
Earlier, a family court had directed the husband to pay Rs. 5,000 per month as maintenance along with the dower, while rejecting the claim for dowry. Both parties later challenged the decision before an appellate court.
The appellate court upheld the maintenance order and partially allowed the dowry claim by directing payment of certain items or Rs. 250,000, but dismissed the claim for dower. The petitioner then approached the LHC, arguing that her right to dower had been wrongly denied.
The high court upheld the findings on maintenance and dowry but ruled that the decision to reject the dower claim was incorrect, reinstating the family court’s order on Mehr and partially allowing the petition.