The Lahore High Court has made a legal point that everything written in Haq-e-Mahr is bound to be given to the husband and wife.
Justice Anwar Hussain delivered a landmark judgment that a husband cannot be exempted from anything written in Haq Mehr. The High Court rejected the husband's appeal to quash the trial court's decision to give the five-marla house written in Haq-e-Mehr to his wife.
Muhammad Qayyum, a resident of Muzaffargarh, married Rehana Shams and in the marriage certificate, a house of three tolas of gold ornaments and five marlas was written in the box of Haq-e-Mehr, but later refused to give it. The trial court granted the wife's plea and ruled in her favor. The husband filed an appeal in the High Court against the trial court's decision.
The Lahore High Court dismissed the petition as inadmissible and ruled that if the time given to the wife in the marriage certificate is not specified, the husband is obliged to give it to her on the demand of the wife. According to the Qur'an and Hadith, it is obligatory to pay the dowry. The dowry is paid at the time of marriage, but with the consent of the parties, it may be delayed. Under the ordinance, marriage is a civil contract and under section 5 It must be registered. In the present case, reference is made to the house in column sixteen of the marriage certificate.
The court said in its judgment that it was true that nothing was written about the demise of the house which is controversial, in the light of the decisions of the Supreme Court the column of the marriage certificate is undertaking (affidavit), in the light of the decision of the Supreme Court The husband is obliged to give the things mentioned in columns 13 to 16 of the marriage certificate to the wife, on this occasion the finding of the trial court cannot be interfered with.
The petitioner's husband said that in the marriage certificate it was written to give the house of five marlas to the wife but no date has been fixed with regard to the transfer. The marriage between the two parties is still in force. Give The woman's lawyer, on the other hand, referred to Section 10 of the Muslim Family Law Ordinance and sought upholding the trial court's decision.
