LAHORE: The Lahore High Court (LHC) has ruled that a husband is legally obligated to fulfil commitments made to his wife through separate agreements in addition to paying the dower (haq mehr) specified in the marriage contract.
In a detailed judgment released on Saturday, Justice Muhammad Sajid Mehmood Sethi dismissed a petition filed by a husband seeking to overturn a trial court order directing him to transfer a five-marla house to his wife, as promised in a separate agreement signed on the day of their marriage.
The court held that the commitment to provide the property was legally enforceable and independent of the wife’s right to receive dower under Islamic and Pakistani law.
According to the judgment, the husband had voluntarily undertaken in writing to provide a five-marla house to his wife at the time of marriage and was therefore bound to honour that obligation.
Dower is a legal right, court says
The court emphasised that dower is a legal entitlement of a wife and cannot be treated as a favour granted by the husband.
Justice Sethi noted that haq mehr is considered a debt owed by the husband and remains payable under the law.
The judgment further observed that a woman’s failure to demand dower during marriage does not amount to relinquishing her right, as social and domestic pressures may discourage women from asserting such claims while married.
Courts must consider social realities
The ruling stated that dower agreements may be made verbally, in writing or even after marriage, and that Islamic law permits an increase in the amount of dower after the marriage has taken place.
Justice Sethi also stressed that family courts should consider social realities alongside legal principles when deciding disputes involving matrimonial rights and obligations.
The decision reinforces legal protections available to women regarding financial promises made by husbands at the time of marriage, whether those commitments are recorded in the marriage contract or through separate agreements.
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