LAHORE: The Lahore High Court has dismissed a husband’s petition against a Family Court ruling, holding that mental, verbal, and financial abuse also fall within the category of cruelty.
Justice Mohsin Akhtar Kayani of the Lahore High Court dismissed the husband’s petition in a khula case and upheld the Family Court’s decision.
The court ruled that obtaining a decree of khula does not automatically extinguish a wife’s right to dower (haq mehr). It stated that if cruelty by the husband is established, the wife remains entitled to her dower. The court further held that physical, mental, emotional, verbal, and financial abuse all constitute cruelty.
According to the court, the petitioner contracted marriage on March 18, 2022, with a dower fixed at Rs100,000. The woman later filed a suit in the Family Court seeking khula, maintenance during the iddat period, and recovery of her dower. She stated that her husband began abusing her after she demanded payment of the dower.
The court order stated that the Family Court dissolved the marriage and directed the husband to pay the wife 50 percent of the dower. The trial court also declared the husband’s appeal inadmissible. The petitioner subsequently challenged the trial court’s decision before the Lahore High Court. The court observed that the credible testimony of a wife can be sufficient to establish cruelty.
Also Read; Court Sentences Farrukh Khokhar to Life Imprisonment in Majid Satti Murder Case
The Lahore High Court further ruled that the absence of a medical report or a First Information Report (FIR) does not invalidate a claim of cruelty. It added that failing to provide maintenance, asking the wife to seek money from her parents, and forcing her out of the house may also amount to cruelty. The court said the Family Court will decide each case relating to dower based on its specific facts. It further held that once cruelty is proven, the dower cannot be reduced or divided.
The Lahore High Court also ruled that a court cannot grant a decree of khula without the wife’s clear consent. It directed that Family Courts must place on record the reasons for every decision concerning dower and dismissed the petition with multiple directions.
