05/12/2025
بیوی اگر خاوند کے برے روئیے ظلم زیادتی اور تشدد کی بنا پر خلع لیتی ہے تو پھر بھی حق مہر مؤجل اور غیر مؤجل کی حقدار رہےگی۔
2025 CLC 1074
Nikahnama is a valid and binding contract between the parties. Deferred dower is a contractual obligation undertaken by the husband. Unless there are valid legal grounds to deviate from the terms of this contract, husband is bound to fulfill his obligation. The mere fact that the wife sought khula does not automatically nullify this contractual obligation. In order to determine entitlement of a wife seeking khula to the claim qua deferred dower, key consideration is the reason for her seeking khula. Where a wife seeks khula on the ground of disliking against the husband, without any fault on the part of the husband, she loses her right to deferred dower in the same way as in the case of prompt dower. Conversely, if the husband's conduct compels the wife to seek dissolution, she retains her entitlement to the deferred dower. In the instant case, the respondent obtained the decree for dissolution of marriage on the basis of khula. Nonetheless, the crucial factor to determine is what prompted the respondent to seek dissolution of marriage. In the plaint as well as her examination in chief as PW, the respondent has leveled allegations of bad conduct and disrespectful behaviour of the petitioner towards her, which prompted her to seek dissolution of marriage.
This unchallenged rather reaffirmed allegation of bad conduct and disrespectful behavior, that amounts to cruelty, provides a strong justification for the respondent/wife to be entitled to the full amount of her deferred dower in the same way as she would have been in case of divorce pronounced by the petitioner. Though in cross examination the respondent PW-1 stated that she has obtained khula on her own initiative, however, this deposition, when seen in conjunction with the above referred assertions of the PW-1, does not necessarily mean the petitioner was not at fault for respondent’s seeking khula.
As per para 289-A(a) of the Principles of Muhammadan Law by D.F. Mulla, dower becomes confirmed by consummation of marriage. Para 336(2) of the Principles of Muhammadan Law ibid provides that if the marriage was consummated, the wife becomes entitled to immediate payment of whole of the unpaid dower both prompt and deferred. These rules have been delineated in compliance of the command in verses No.20 and 21 of Surah Al-Nisa referred above. Marriage between the petitioner and the respondent subsisted for approximately nine years. During this long period, the respondent/wife fulfilled her marital obligations. The deferred dower is also seen as a form of security and compensation for the wife for her commitment during the marriage. After such a long period of marriage, it would be inequitable to deny full amount of the deferred dower to wife, especially when the dissolution was sought due to cruelty and bad behavior and conduct on the part of the petitioner.
Writ Petition No.68712 of 2024
Asif Mehmood Versus Additional District Judge, etc
