Lahore (Lord Media): The Lahore High Court has ruled that a woman remains entitled to her dower even if she has not moved in with her husband or if the couple has not cohabited. Justice Mirza Waqas Rauf issued a nine-page written verdict on Azka Afreen’s petition, stating that the legal right to dower does not end due to the absence of cohabitation.
The court’s decision clarified that if the time for payment of dower is not specified in the marriage contract, the full dower becomes payable immediately. In cases where the details of the dower are not clearly defined, the entire amount is considered due upon demand according to the law.
According to the court ruling, the dower specified in the marriage contract, including 10 tolas of gold, one kanal of land, and a house, is deemed immediately payable. In the event of divorce through khula, the woman is required to return 25% of the dower to the husband, and the marriage will only be dissolved immediately once the specified amount or value is returned.
The Lahore High Court rectified the errors of the lower courts by approving Azka Afreen’s petition.