The Lahore High Court has ruled that a wife cannot be deprived of her dower (Haq Mehr) if the husband's abusive attitude is proven.
The court made it clear that every khula (separation sought by a woman) case does not automatically require the return of dower.
In a 14-page written judgment, LHC Justice Mohsin Akhtar Kayani dismissed a constitutional petition filed by a husband declaring that merely using the term khula does not justify deprivation of the wife's dower.
The court held that family courts must decide dower-related disputes based on the facts and circumstances of each case.
The judgment further stated that physical, mental, verbal, emotional and economic abuse all constitute cruelty. It also observed that a wife's credible testimony may be sufficient to establish husband’s abusive attitude and that a medical report or FIR was not mandatory in every case.