The Lahore High Court has ruled that a woman remains entitled to receive her full deferred dower (mehr) even after seeking divorce through Khula, provided the separation was caused by the misconduct or cruelty of her husband.
Justice Raheel Kamran highlighted that under Islamic law and the terms of the Nikahnama (marriage contract), the husband is legally obligated to pay the full dower unless the wife initiates Khula without any fault on his part.
In the present case, the court acknowledged the woman’s claims, which were backed by credible evidence of her husband’s cruel and disrespectful behavior. The ruling upheld previous decisions made by the Sahiwal district courts, granting her the full dower.
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The court clarified that if Khula is pursued due to the husband’s misbehavior, the wife retains her full financial rights, including both prompt and deferred dower. However, if a woman seeks separation solely because of personal dissatisfaction or dislike, the return of dower may be subject to judicial discretion.
Justice Kamran also stressed that Khula is not only supported by Islamic principles but has historical and social precedence. Given the couple’s nine-year marriage and the wife’s fulfillment of her marital duties, denying her the dower would have been unjust.
The husband’s petition to overturn the district court’s decision was dismissed.
