Lahore: Lahore High Court (LHC) has maintained that dower (haq mehr) is basic legal right of wife and its payment is essential for husband. Justice Muzammil Akhtar Shabbir of LHC has announced the decision.
The court made it clear in its decision wife has right to live separately from husband till the complete payment of Haq mehr (dower). Full responsibility of maintenance and nan nafqa of wife lies with the husband after Nikkah.
Justice Muzammil Akhtar Shabbir while issuing 10-page written decision on the constitutional petition of Irfan Sarfraz dismissed the plea against jurisdiction powers of appellate court.
The court maintained that the petitioner failed in proving violation of any constitutional power of jurisdiction in the decisions of subordinate courts.
It was said in the decision reviewing the evidence falls in the powers of jurisdiction of family court and this power was used correctly according to law.
According to court the petitioner took the plea he paid Rs 4 lac against 4 kanal agriculture land However he failed in presenting acceptable evidence in support of this payment.
The court remarked that a wise person will not acknowledge it that such huge amount was paid without any receipt or evidence.
Moreover the petitioner made mention of two witnesses but they were not presented in the court.
According to record the marriage of petitioner took place in 2015 while the woman filed claim for 5 tolas gold, 4 kanal agriculture land and 5 marlla house as dower in 2016.
The appellate court had ordered to give 4 kanal agriculture land, 5 tola gold besides paying Rs 3 lac to petitioner under the head of dower.
The court noted the lawyers of both the respondents confirmed regarding provision of 5 marllah plot. Therefore, decision of subordinate court was declared valid to this extent.