Wife entitled to dower even if payment time not specified

LAHORE: The Lahore High Court on Tuesday delivered a significant ruling on the payment of mehr (dower) in marriage, stating that if a marriage contract does not specify a time for payment, the wife is entitled to claim it at her discretion.

The court approved the petition filed by Fatima Bibi seeking payment of her mehr and set aside a trial court’s decision that had denied her claim.

LHC Judge Justice Abid Hussain Chattha issued a six-page written judgment, while upholding prior appellate court decisions related to nafaqah (maintenance) and jhez (dowry).

According to the ruling, the petitioner had claimed maintenance, dowry, and a mehr of five tolas of gold from her husband. The family court had ordered monthly maintenance of Rs5,000 and the payment of mehr, but rejected the dowry claim.

The trial court had maintained the monthly maintenance and partially awarded some dowry or Rs250,000, but had dismissed the mehr claim.

The LHC reinstated the family court’s decision regarding mehr, emphasizing that a wife is entitled to receive her mehr even if the marriage continues.

The court partially granted the petition, clarifying that the husband must fulfill his obligation toward mehr irrespective of the timing specified in the nikah-nama (marriage contract).

The ruling reinforces the legal position that mehr is a fundamental right of a wife under Islamic law and cannot be waived or denied based on procedural technicalities in the marriage contract.

Lawyers said that the decision could have wider implications for marital disputes in Pakistan, particularly cases where mehr is unpaid or delayed, providing women stronger legal grounds to claim their dower.