Daijiworld Media Network- Lahore

Lahore, Apr 20: In a significant ruling, the Lahore High Court has affirmed that women who seek Khula (divorce initiated by the wife) due to their husband's misconduct are entitled to retain their full deferred dower, despite the dissolution of the marriage.

Justice Raheel Kamran, in his judgment, emphasized that under Islamic law and the ‘Nikahnama’ (marriage contract), a husband is obligated to pay the deferred dower unless the wife opts for Khula without valid grounds. However, in the case at hand, the woman presented credible evidence of her husband's cruelty and disrespect, leading to her decision to seek separation.

Khula, based on verses 228 and 229 of Surah Al-Baqarah in the Quran, has been a part of Islamic tradition since the time of the Holy Prophet, and its application remains an integral part of Islamic law.

Justice Kamran also referred to a Federal Shariat Court judgment, which clarified that if a wife seeks Khula because of the husband's misconduct, she is not required to return the dower already received. However, in cases where the wife seeks Khula simply due to personal dislike, the dower must be returned.

The judge further explained that the Nikahnama is a binding contract, and unless there are valid legal reasons to alter its terms, the husband's obligation to pay deferred dower remains in effect. A wife’s decision to seek Khula does not automatically annul this contractual responsibility.

The most critical factor in determining a woman's entitlement to deferred dower is the reason behind her seeking Khula. If her husband's conduct forces her to seek divorce, she retains her right to the deferred dower. In contrast, if the wife seeks Khula due to personal reasons unrelated to the husband's fault, she forfeits the deferred dower.

In the present case, where the marriage lasted for nine years and the wife had fulfilled her marital obligations, the judge ruled that denying her the deferred dower would be unjust. He distinguished this case from others where allegations of cruelty had not been proven.

This ruling strengthens the legal rights of women in abusive marriages, ensuring that they are not deprived of their due entitlement in cases where their husband's misconduct is the cause of marital dissolution.