SC rules infertility is no ground to deny woman dower or maintenance

In a landmark judgment, the Supreme Court of Pakistan (SC) has ruled that a woman's infertility cannot be used as a justification to deny her dower (Mehar) or maintenance (Nan o Nafqa) under Islamic and civil law, reported 24NewsHD TV channel on Thursday.

According to the report, the historic verdict was authored by Chief Justice Yahya Afridi, who dismissed the petition of a man named Saleh Muhammad, ordering him to pay Rs500,000 in damages for filing a baseless case and defaming his wife.

The petitioner had claimed that his wife was “not a woman” and accused her of being infertile, arguing that she therefore did not deserve her legal marital rights. The apex court strongly condemned this stance, stating such personal attacks on women will not be tolerated in the courtroom.

Chief Justice Afridi, in his written decision, said, “Infertility is not a valid reason to withhold a woman’s dower or living expenses. The dignity of a woman must be protected under all circumstances.”

The court found that the woman’s medical reports had conclusively disproved all of the husband's allegations. The court highlighted that the petitioner had abandoned his wife, remarried, and then refused to pay her rightful Mehar and maintenance.

Calling the husband’s behaviour exploitative and discriminatory, the court ruled that the woman had endured 10 years of emotional trauma and public humiliation, which warranted legal redress.

Justice Afridi underlined that preserving women’s constitutional and marital rights is the judiciary’s duty and warned that any effort to undermine a woman’s honour fuels societal prejudice and gender-based injustice.

Reporter: Amanat Gishkori