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Supreme Court gives historical decision in Haq Mehar case

MM News Staff by MM News Staff
December 6, 2023
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In an important decision, the Supreme Court (SC) on Wednesday disposed of the appeal filed by a man against the court’s decision in which it had ordered him to pay the Haq Mehar amount to his wife.

Haq Mehar is a mandatory gift (usually cash) from the husband to the wife that symbolizes love, respect, and financial security.

The apex court, in its three-page verdict, penned down by Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa, said that the husband was bound to pay the amount to his wife whenever the latter made a demand.

It also slapped Rs100,000 in fine on Khalid Pervez, the husband, for delaying payment of the amount to his wife Samina for six years.

The apex court further said that the payment of Haq Mehar was not only a religious duty but was also protected by the country’s laws, and if the time of the payment of the Haq Mehar was not stipulated in the nikahnama (marriage certificate), then the woman could demand it at any time later in her life.

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Furthermore, the SC said that the woman had been fighting for her rights for the last six years.

It noted with concern that none of the courts fined the husband for filing appeal after appeal and hence denying his wife the right. “Had the man been fined by courts for appealing the decisions time and again, the situation would have been different today,” the court said, adding, “By filing pointless appeals, the judicial system gets paralyzed. Courts should never hesitate from fining such persons who prolong cases.”

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