The Lahore High Court (LHC) has declared the Haq Mehr (alimony) a fundamental legal right of the wife that must be fulfilled by the husband.
In a detailed 10-page judgment, Justice Muzammil Akhtar Shabbir stated that a wife has the right to live separately from her husband until the full payment of haq mehr is made. The court further observed that after marriage, the responsibility of maintenance and financial support rests entirely on the husband.
The decision came in response to a constitutional petition filed by Irfan Sarfraz, which was dismissed by the court.
The judge noted that the petitioner failed to establish any violation of constitutional jurisdiction by the lower courts, and emphasized that evaluation of evidence falls within the jurisdiction of the family court.
The petitioner had claimed payment of Rs400,000 in exchange for four kanals of agricultural land but failed to provide credible evidence or receipts to support the claim. The court remarked that it is not reasonable to assume such a large payment would be made without documentation or proof.
The petitioner also mentioned two witnesses but did not present them before the court. According to the case record, the marriage took place in 2015, while the woman later filed a claim in 2016 seeking haq mehr that included five tolas of gold, four kanals of agricultural land, and a five-marla house.
The appellate court had earlier directed the petitioner to pay the specified haq mehr items along with Rs300,000 as dowry-related expenses. The high court upheld parts of the lower court’s decision, including the five-marla property, which both parties’ lawyers confirmed had already been settled.