The Lahore High Court (LHC) ruled on Saturday that women who seek separation through khula are still entitled to receive dowry (haq mehr), especially when the separation is caused by abuse or mistreatment.
Justice Raheel Kamran Sheikh delivered the ruling while hearing a petition filed by Asif Mehmood, who had challenged a trial court’s order directing him to pay Rs300,000 in dowry. Mehmood argued that, based on the Supreme Court’s earlier decision in Muhammad Arif vs. Saima Noreen case, a woman who initiates khula forfeits her right to dowry. He also claimed that no dowry had been agreed upon or given due to the modest financial status of both families.
In his written judgement, however, Justice Sheikh emphasized that dowry is a culturally ingrained practice in Pakistan. Regardless of financial means, families often feel pressured by societal norms to provide dowry for their daughters.
The judge clarified that divorce (talaq) is traditionally a man’s prerogative. In such cases, the husband cannot reclaim dowry or gifts, a principle supported by verses from the Holy Quran—Surah Al-Baqarah (Verse 229) and Surah An-Nisa.
Justice Sheikh referenced earlier case law, including Imran Anwar Khan, which held that if a woman seeks khula merely because she no longer wishes to remain with her husband, she must return the dowry. However, he also cited the 2024 Haji Saif ur Rehman vs. Islamic Republic of Pakistan case, in which the Federal Shariat Court ruled that when khula is pursued due to domestic abuse or cruelty, the woman may retain her dowr, depending on the evidence presented.
The judge stressed that marriage is a mutual contract, and the dowry functions as a form of financial protection for the wife. If a husband’s abusive behavior compels the wife to seek separation, denying her the dowry would be unjust.
In this case, Asif Mehmood’s wife accused him of violence and mistreatment during their nine-year marriage. The court found that she had fulfilled all her marital duties and ruled that she should not be deprived of her dowry, as her decision to seek khula was driven by sustained abuse.