The Supreme Court of Pakistan held that a wife can demand her dower (mehr) during the subsistence of marriage and that the husband remains legally obligated to pay it when demanded.
Supreme Court Decision on Payment of Mehr
The Supreme Court of Pakistan decided the case of Khalid Pervaiz versus Samina and others, concerning the wife's right to recover her unpaid dower (mehr) while the marriage was still subsisting.
The Supreme Court held that mehr can be demanded by the wife during the subsistence of marriage. The Court relied on Section 10 of the Muslim Family Laws Ordinance, 1961, which provides that where the mode of payment of dower is not specified in the Nikahnama, the entire amount is payable on demand.
- The case was Khalid Pervaiz v. Samina and others.
- The Supreme Court decided the petition on 20 November 2023.
- The case concerned unpaid mehr and maintenance.
- The marriage between the parties was still subsisting.
- The Court held that mehr can be demanded during marriage.
Right to Demand Dower During Marriage
The Court explained that mehr is recognized under Pakistani law and becomes payable according to the terms of the marriage contract. Where the Nikahnama does not specify the mode of payment, Section 10 of the Muslim Family Laws Ordinance, 1961 provides that the dower is payable on demand.
The Supreme Court referred to its earlier decision in Syed Muhammad v. Mst. Zeenat, reported as PLD 2001 SC 128, which recognized that mehr can be demanded while the marriage continues.
- Mehr is recognized under Pakistani law.
- Section 10 of the Muslim Family Laws Ordinance, 1961 deals with payment of dower.
- Where the mode of payment is not specified, the dower is payable on demand.
- A wife does not have to wait for dissolution of marriage to demand payable mehr.
- The Supreme Court relied on an earlier Supreme Court judgment concerning dower.
Court Orders Compliance With Family Court Decision
The Supreme Court observed that challenging a court decision does not automatically make that decision ineffective or remove the obligation to comply with it. In the case, the petitioner had continued to challenge the decision while the unpaid mehr remained outstanding.
The Supreme Court declined leave to appeal and dismissed the petition. It also imposed compensatory costs of Rs. 100,000 and directed that the mehr and costs be paid within one month, failing which the Family Court could execute the order.
- The Supreme Court declined leave to appeal.
- The petition was dismissed.
- Compensatory costs of Rs. 100,000 were imposed.
- The Court directed payment of the outstanding mehr.
- The Family Court was authorized to execute the order if payment was not made.
This article is general information about how things work in Pakistan, not legal advice. Procedure varies by province, forum and the facts of your matter.
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