Protecting Your Right to Dower After Khula

Table of Contents

Common Myths About Dower After Khula

Many people in Pakistan believe that a wife loses her Haq Mehr if she asks for a divorce. This misconception causes many women to stay in unhappy or abusive marriages because they fear financial ruin. However, recent rulings confirm that a wife can still claim her dower after Khula depending on the circumstances of the case. The law does not automatically punish a woman for seeking her freedom from a difficult marriage.

The Case of Faiqa Anmol vs Tauheed Farooqi

This landmark case involved a wife who asked for the dissolution of her marriage through the court. She also demanded ten tolas of gold and a share in a house as promised in her marriage deed. Her husband argued that she forfeited these rights because she initiated the divorce. The Peshawar High Court rejected his argument and protected her right to the dower after Khula. This decision sets a vital precedent for thousands of other women facing similar legal battles.

Why Seeking Khula Does Not Cancel Your Dower

The High Court judge explained that dower is a fundamental right of the wife. It acts as a debt that the husband must pay regardless of how the marriage ends. The court firmly stated that dower after Khula remains valid because the husband’s financial obligation does not simply vanish. Seeking a legal separation is a right, not a crime that requires the forfeiture of a woman’s financial security.

How a Husband’s Conduct Affects the Case

In this specific ruling, the court looked closely at the husband’s behavior. The records showed that the wife wanted to reconcile, but the husband married another woman without her consent. This bad conduct effectively destroyed the marriage. Therefore, the court decided the husband could not use the wife’s request for Khula as an excuse to save his money. He created the conditions for the divorce, so he must still pay the dower after Khula.

Islamic Laws Protecting Women’s Property

The judge also used principles from the Holy Quran to support this decision. Islamic law forbids men from harassing their wives into giving up their property or Haq Mehr. The judgment highlights that the divine law protects women from financial coercion. This religious perspective makes it very clear that depriving a wife of her dower after Khula through pressure or force is wrong.

Professional Legal Support for Family Matters in Peshawar

Winning a case for your Haq Mehr requires a lawyer who understands the latest High Court judgments. You need a professional who can present your Kabin Nama as a solid legal document. By taking the right steps in the Family Court, you can secure your future and protect your dignity. If you are considering a separation, you should seek advice from an expert who knows how to defend your right to dower after Khula.

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