LHC Protects Women’s Right to Haq Mehr Despite Separation or No Cohabitation

The Lahore High Court (LHC) has issued a landmark judgment regarding the payment of Haq Mehr and the rules for Khula, establishing a new legal precedent.

Justice Mirza Waqas Rauf ruled that a woman remains entitled to her Haq Mehr even if the marriage is not consummated or the couple never lived together.

In a nine-page written verdict issued on a petition by Azka Afreen, the court clarified that the right to Haq Mehr is rooted in the marriage contract and does not vanish due to a lack of marital relations.

Justice Rauf specified that if a Nikah Nama does not explicitly state a delayed timeframe for the Mehr, it is considered “prompt” (Mu’ajjal) and must be paid in full whenever demanded.

The court further detailed that the specific Haq Mehr mentioned in the case, comprising 10 tolas of gold, one kanal of land, and a house, is deemed payable immediately.

According to the LHC, in the absence of clear conditions for deferred payment, the property and gold cannot be withheld by the husband.

Regarding the termination of marriage through Khula, the court set a definitive ratio for the return of assets.

The judgment states that if a woman seeks to end her marriage based on Khula, she is legally bound to return 25% of the Haq Mehr to her husband. The marriage will be considered terminated immediately upon the return of this 25% portion.

By accepting the petition of Azka Afreen, the Lahore High Court corrected errors made by subordinate courts and provided much-needed clarity on the legal principles governing marital financial rights in Pakistan.