LHC Orders Family Court to Decide Woman’s Plea in 60 Days
The court sets aside two lower-court decisions in a dispute over haq mehr and maternity expenses and orders a fresh review.
LHC sets aside two lower-court decisions and orders the Family Court to rule within 60 days on a woman’s claim for haq mehr and maternity expenses.
The Lahore High Court (LHC) has ruled that a written agreement between a husband and wife concerning marital rights and financial obligations must be examined in accordance with the law. Justice Sajid Mehmood Sethi issued the order while allowing a petition by Shakeela Bibi, who sought enforcement of the agreement.
The Case
The agreement covered separate accommodation, one tola of gold as haq mehr (dower) and Rs30,000 towards maternity expenses.
The terms remained unfulfilled, and the woman approached the court three years later.
The husband objected that the application to enforce the agreement was not filed within the stipulated time.
The Ruling
The high court observed that neither the Family Court nor the sessions court had conducted a comprehensive review of the legal issues. It set aside both decisions and directed the Family Court to reconsider the petition and issue a decision in accordance with the law within 60 days. The Family Court will determine whether the parties fulfilled their obligations under the agreement.
The LHC also clarified that monthly maintenance (nan-o-nafqa) for minor children should be dealt with separately from other marital rights.
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