The Lahore High Court has affirmed that a husband is legally required to fulfill the entire dower amount stipulated in the marriage contract, encompassing both cash and jewellery, even after divorce. This ruling was delivered by the Multan bench of the court in response to a petition challenging an earlier family court decision.
In the judgment, the court clarified that if the husband fails to provide the jewellery specified in the nikahnama, the ex-wife is entitled to receive its equivalent market value. The court upheld the family court’s directive ordering the husband to pay the full dower, including all jewellery mentioned in the marriage contract.
Justice Sajid Mahmood Sethi issued the verdict on a petition filed by Aamir Ali, who contested the family court’s ruling. The high court emphasized that all items listed in the nikahnama, whether monetary or jewellery, together form the dower and must be paid independently.
Details from the case reveal that the marriage took place in 2011, with the dower fixed at Rs5,000 along with five tolas of silver and 10 tolas of gold. The former wife asserted that the husband did not provide the jewellery after their divorce.
Meanwhile, the petitioner argued that he had paid the cash portion and claimed the jewellery entries in the nikahnama were fraudulent. However, the court found no evidence supporting this allegation. Witnesses confirmed the authenticity of the marriage contract’s contents, and the petitioner himself acknowledged his signatures on the document.
The high court noted that the family court’s decision was grounded in evidence and did not merit interference. It stated that higher courts intervene only if a lower court’s ruling is unlawful. Consequently, the Lahore High Court upheld the family court’s order, mandating full payment of the dower amount, including the jewellery.
