The Lahore High Court (LHC) has ruled that Haq Mehr is a compulsory legal and religious obligation of a husband and cannot be treated as a voluntary gift.
In its decision, the court stated that any amount of money, property, or other assets agreed upon at the time of marriage are legally binding. The ruling also applies to separate written agreements made between the husband and wife regarding Haq Mehr.
The case involved a woman who sought ownership of a five-marla house and maintenance expenses during her Iddat period based on a written agreement signed at the time of marriage. The court upheld the decisions of the lower courts and ruled in her favor.
During the proceedings, the husband challenged the agreement and claimed that the documents were forged. However, the court rejected these allegations after reviewing the available evidence and maintained that the agreement was valid and enforceable.
The court further clarified that a woman does not lose her right to Haq Mehr simply because she did not claim it immediately. According to the judgment, a delay in claiming Haq Mehr should not be interpreted as giving up that right.
The LHC also emphasized the importance of considering social realities and practical circumstances when deciding family-related disputes. It directed family courts to handle such matters with sensitivity and fairness while ensuring that legal rights are protected.
Legal experts believe the ruling strengthens the protection of women’s rights and provides greater clarity regarding the enforcement of Haq Mehr agreements under Pakistani law.
