Lahore: Lahore High Court (LHC) has observed the dower of the wife does not stand abolished automatically due to filing degree for khulla.

If violence from the side of husband is proved then wife will be entitled to dower. Physical , mental, emotional, verbal and economic violence falls in the ambit of cruelty, court added.

Justice Mohsin Akhtar Kayani while rejecting the husband petition upheld family court decision. LHC said the petitioner had solemnized nikkah by fixing Rs one lac dower on March 18, 2022. It has been said in the order the woman filed claim in the family court for recovery of nan nafqa of khulla and iddat and dower.

The woman was of view husband started torturing her on haq mehr demand made by her. Family court while revoking the nikkah ordered the husband to pay 50 percent dower to wife. Trial court had too declared appeal plea of the petitioner non maintainable. The petitioner resorted to LHC against trial court decision.

It has been said in the order the credible evidence of wife can be enough to prove violence . The claim to violence cannot be rejected for want of FIR or medical report. Not paying expenses, seeking money from parents and expelling from home can be part of violence. . Family court will make separate decision about dower by seeing the facts of every case.

It has been said in the court's decision dower can neither be curtailed nor can it be divided after the violence is proved. The court cannot give degree of khulla without clear willingness of wife. Family court will be bound to bring on record the reasons of every decision regarding dower.

The court dismissed the plea with several directives.