Lahore High Court upholds wife’s right to dower in Khula case

LAHORE: The Lahore High Court (LHC) has delivered a significant ruling regarding the entitlement of a woman to her deferred dower in cases where she obtains a divorce through Khula due to her husband’s misconduct.

Justice Raheel Kamran emphasized that, according to Islamic law and the terms outlined in the Nikahnama, which serves as a binding contract between the couple, the husband is obligated to pay the dower unless the wife seeks Khula without any fault on his part.

In the case under consideration, the court found credible evidence of cruelty and disrespect inflicted upon the wife by her husband. Based on this evidence, the court upheld the rulings of lower courts in favor of the wife, affirming her right to the full deferred dower.

The judge explained that when Khula is granted due to the husband’s bad conduct, the wife retains her entitlement to both prompt and deferred dower.

However, the court also clarified that the outcome might differ if a woman seeks separation solely due to personal dislike, in which case the dower may be returnable, subject to judicial discretion based on the specific facts of the case.

Justice Kamran highlighted the significance of dowry as a deep-rooted social practice and noted that Khula is supported by Islamic teachings and historical precedent.

Given that the marriage in question lasted nine years and the wife had fulfilled her marital obligations, the judge concluded that denying her the dower would be unjust.

The ruling underscores the importance of upholding the rights of women in divorce cases, particularly when the separation is a result of the husband’s misconduct.