Woman is Entitle For Haq Mahar In case of Khula- Decision by Lahore High Court
The Lahore High Court, in a historic decision, declared a woman who has taken Khula as also entitled to the right to dowry. The court ruled that a woman cannot be deprived of the right to dowry on the basis of taking Khula alone. The court further ruled
that the right to dowry is a security for a woman, if a woman is forced to take Khula due to her husband’s behavior, then she is fully entitled to the right to dowry.
Lahore High Court Justice Raheel Kamran Sheikh gave the decision on the petition of citizen Asif Mahmood, in which the degree of giving the right to dowry and dowry on the basis of Khula was challenged.
While making remarks about dowry, the court said that giving dowry to a daughter has become embedded in our society and parents must give dowry to their daughter according to their capacity.
The court remarked that giving divorce is basically the husband’s right and in case of divorce, the husband loses the right to demand the return of the right to dowry and gifts.
The court further remarked that in the event of divorce, Surah An-Nisa also prohibits the husband from demanding back the property and gifts given by his wife.
The court ruled that a woman cannot be deprived of the amount of dower on the basis of mere divorce, because the amount of dower is considered financial security for the woman. If the husband’s behavior forces the woman to divorce, then she is fully entitled to the dower.
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