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Supreme Court: Husband Bound to Pay Haq Mahr Whenever Wife Demands

Islamabad: The Supreme Court, while making a significant decision regarding haq mahr, has stated that whenever a woman demands, the husband is bound to fulfill the payment of haq mahr.

Chief Justice Qazi Faez Isa penned a three-page verdict, regarding the matter of haq mahr. The verdict emphasizes that haq mahr is a legitimate demand according to Sharia, and its protection is also enshrined in the country’s laws. If the time for payment of haq mahr is not specified in the marriage certificate (nikah nama), the wife can demand it at any time.

He expressed disappointment over the fact that the wife had to resort to legal action to secure her Shariah-given right, leading to a prolonged legal battle spanning six years before reaching the Supreme Court.

The verdict notes that in the current case of husband Khalid Parvez and his wife Samina, the wife had to file a case to obtain haq mahr, which reached the Supreme Court six years later. 

Chief Justice Isa criticized the lower courts for not penalizing the husband, Khalid Parvez, for filing unnecessary appeals, stating that imposing fines for such appeals could expedite the decision-making process and prevent the unnecessary burden on the judicial system. As a result, the Supreme Court ordered Khalid Parvez to pay a fine of Rs100,000, covering the legal proceedings’ costs and the dower amount owed to his wife, Samina, while dismissing his appeal.

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