Khula does not affect wife right to full deferred dower if she files for divorce due to husband misconduct, says Lahore High Court. Justice Raheel Kamran said that according to Islamic jurisprudence and the provisions of the Nikahnama, the husband is bound to pay the dower amount as he had promised unless the wife seeks Khula without any blame cast on the husband. In court, the woman presented credible evidence of her husband cruelty and disrespectful behavior that pushed her to seek separation. The court held that since the husband did not contest these claims, she was entitled to seek Khula.
Judge stated that this practice had been campaigned from the time of the Holy Prophet (PBUH). He referred to the concept of Khula derived from Islamic teachings especially the 228 and 229 verses of Surah Al Baqarah. He also referenced previous judgments that distinguish between Khula given on account of mere hatred and Khula fixed on account of the husband proven misconduct. If the husband wronged the marriage and the wife is the one who ends the marriage, the wife will still have the right for her dower.
Justice Raheel further stated that it is the duty of the courts to consider the facts of each case and decide if dower ought to be returned. In this case, the woman has been married for nine years and has fulfilled her marital duty. The judge dismissed the husband’s petition and upheld the decisions of the lower courts in Sahiwal which had sided with the wife.
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