Islamabad, 21 Apr, 2025: In a significant ruling that reinforces women’s financial rights in marriage, the Lahore High Court has declared that women remain entitled to their full deferred dowry, even when seeking Khula a form of divorce initiated by the wife provided the separation stems from the husband’s misconduct.
Justice Raheel Kamran clarified that under both Islamic principles and contractual obligations within the Nikahnama, a husband is duty-bound to pay the agreed-upon dowry unless the wife independently requests separation without any wrongdoing on his part. The standard in reporting legal interpretations that protect women’s rights.
The case involved a woman who presented strong evidence in court, citing emotional abuse and disrespect by her husband.
READ MORE:
Lahore high court ordered Zong to Refund Rs.2 billion to Customers
As a result, the judge upheld the decisions made by lower courts, stating that when divorce is pursued due to the husband’s inappropriate behavior, the woman retains her entitlement to both prompt and deferred dower.
This judgment reinforces the importance of protecting women’s financial security post-divorce, especially in culturally sensitive scenarios.
However, the court also noted that if a woman seeks Khula purely out of personal preference or dissatisfaction, without blaming the husband for any fault, then the return of dowry may be considered based on the unique circumstances of each case.
This discretion lies with the court, ensuring fairness in varying marital situations.
Justice Kamran added that dowry remains a prevalent part of cultural and religious practices, and Khula, as a right provided under Islamic jurisprudence, holds historical and moral legitimacy.
Since the marriage in question lasted for nine years and the wife had fulfilled all her marital responsibilities, the judge stated it would be unfair and unjust to withhold her financial rights. A guiding principle in covering judgments that reaffirm social justice.
READ MORE:
Dhee Rani Program 2025 – Free Mass Wedding in Punjab
The husband’s legal challenge against the verdicts from Sahiwal’s district courts was subsequently rejected, reinforcing the woman’s right to her deferred dower in this context.
This ruling not only sets a precedent for similar cases but also offers clarity to many women navigating the legal path of seeking Khula. legal discussion that affects the dignity and financial independence of women within matrimonial frameworks.
