The Lahore High Court (LHC) has ruled that a woman remains legally entitled to receive her dower (Haq Mehr) even if rukhsati has not taken place and the marriage was never consummated, holding that non-consummation does not extinguish the wife’s right to dower.
Justice Mirza Waqas Rauf, in a nine-page written judgment, allowed a petition filed by Azka Afreen and laid down an important legal principle governing the payment and return of dower in khula cases.
The court held that where the Nikahnama does not specify a time for payment of dower, the entire amount becomes immediately payable.
The judgment further stated that if the terms relating to dower are not clearly defined, the full amount shall be treated as prompt (Mu’ajjal) dower and must be paid whenever demanded by the wife.