Lahore High Court Rules Wife’s Rights Upheld
A Lahore High Court ruling has clarified that a woman cannot be deprived of her agreed-upon rights as per the marriage contract, known as Nikahnama. The court dismissed a trial court decision allowing a husband to pay Rs1.6 million instead of transferring land promised as Haq Mehr.
The case involved a petition filed by a woman in connection with a dispute over land specified as Haq Mehr in her marriage contract signed in 2015. The trial court had upheld the husband’s payment based on the land’s value at that time, but the High Court overturned this decision.
According to the judgment, if compensation is paid instead of the land, it must be calculated according to current market value. The court emphasized that a Nikahnama is a civil contract and its terms should align with the intentions of the contracting parties.
The ruling also noted that courts must ascertain the true intent of the parties when interpreting any clause in a marriage contract. It further stated that courts should consider whether the woman was fully aware of her rights at the time of marriage, concluding that the trial court had failed to properly interpret the Haq Mehr clause.