LHC: Haq Mehr is a basic legal privilege of wife

The Lahore High Court (LHC) has ruled that haq mehr (alimony) is a fundamental legal right of the wife which the husband needs to perform.

Justice Muzammil Akhtar Shabbir in a lengthy 10-page judgement said that a wife has the right to live separately from her husband till full payment of haq mehr is made. The court further observed that after marriage duty of maintenance and financial support is solely on the husband.

The court denied a constitutional petition submitted by Irfan Sarfraz, in which the decision was taken.

The judge observed that the petitioner had not proved any infringement of constitutional jurisdiction by the lower courts and the appraisal of evidence comes within the authority of the family court.

The petitioner had claimed payment of Rs400,000 in lieu of four kanals of agricultural land but failed to offer reliable documentation or invoices in support of the claim. The court said it was not reasonable to believe such a substantial payment would be paid without any record or proof.

The petitioner presented two witnesses but failed to produce them in the court. The case record shows that the marriage was held in 2015, and the woman later submitted a claim for haq mehr in 2016. The claim contained five tolas of gold, four kanals of agricultural land and a five-marla dwelling.

Earlier, the appellate court had directed the petitioner to pay the mentioned haq mehr articles apart from Rs300,000 as dowry related charges.

The lawyers of both sides said that the five-marla property had previously been decided. The High Court upheld some elements of the ruling of the lower court.