LHC upholds woman’s right to house promised outside nikahnama

LAHORE: The Lahore High Court has ruled that a husband is legally bound to fulfil commitments made to his wife in a separate agreement in addition to paying the dower (haq mehr) stipulated in the marriage contract, according to a detailed judgment released on Saturday.

LHC Judge Justice Muhammad Sajid Mehmood Sethi dismissed a petition by a man seeking to overturn a trial court order that had directed him to transfer a five-marla house to his wife, as promised in a separate agreement executed on the day of their marriage.

In an 11-page ruling, the court upheld the trial court’s decision, finding that the property commitment was enforceable and distinct from the wife’s entitlement to dower under Islamic and Pakistani law.

The judgment said the husband had undertaken in a separate written agreement to provide a five-marla house to his wife at the time of marriage and was therefore bound to honour that commitment.

The court observed that dower was a legal right of the wife and not a favour or discretionary benefit granted by the husband.

“Haq mehr is considered a debt owed by the husband to the wife under the law,” the judgment said.

The court further held that a woman’s failure to demand dower during marriage could not be interpreted as a waiver of her right, noting that social and domestic pressures often prevented women from asserting such claims while married.

The ruling stated that dower could be agreed verbally, in writing or even after the marriage had taken place, adding that Islamic law allowed a husband to increase the amount of dower after marriage.

Justice Sethi also noted that courts dealing with family matters must consider social realities in addition to legal technicalities when adjudicating disputes involving matrimonial rights and obligations.

The judgment reinforces legal protections available to women regarding financial commitments made by husbands at the time of marriage, whether recorded in the marriage contract or in separate agreements.