ISLAMABAD: The Islamabad High Court has dismissed a constitutional petition seeking the return of seven tola of gold claimed to have been given as haq mehr (dower), ruling that the claim was not supported by sufficient evidence.
Justice Shah Rukh Arjumand issued the written judgment in the case concerning the recovery of dower following khula.
According to the judgment, the nikahnama specified Rs250,150 as the dower amount. It stated that the payment had been made in the form of gold jewellery, but did not mention that the jewellery weighed seven tola.
Court finds seven-tola claim unproven
The court observed that an acknowledgment of receiving gold jewellery, by itself, did not establish the weight of the jewellery.
The petitioner had sought the return of seven tola of gold or its prevailing market value. However, the court concluded that the claim that seven tola had been given as dower was not established through concrete evidence.
The Islamabad High Court therefore dismissed the constitutional petition and upheld the Family Court’s order requiring the return of Rs250,150 as dower.
The High Court found no legal defect in the decisions of the lower courts and declined to interfere with the Family Court’s determination.