The Lahore High Court (LHC) has ruled that a woman retains her legal right to receive dower (Haq Mehr) even if rukhsati has not taken place and the marriage was never consummated.
In a detailed nine-page judgment, Justice Mirza Waqas Rauf held that non-consummation of marriage does not invalidate a wife’s entitlement to dower.
The verdict was issued while allowing a petition filed by Azka Afreen and establishes an important legal precedent regarding dower payments and their return in cases of khula.
The court observed that when a Nikahnama does not specify the timing of dower payment, the entire amount becomes immediately payable. It further clarified that if the terms regarding dower are unclear, it will be treated as prompt (Mu’ajjal) dower, payable whenever demanded by the wife.
Examining the Nikahnama in the case, the court noted that the agreed dower,10 tolas of gold, a one-kanal plot, and a house, constituted prompt dower and was therefore payable immediately.
The LHC also ruled that in cases where a woman seeks dissolution of marriage through khula, she is required to return only 25 percent of the dower to her husband.
The court held that the khula takes effect immediately upon the return of this amount. The judgment overturned the findings of lower courts and accepted Afreen’s petition.
