ISLAMABAD: The Supreme Court of Pakistan strongly condemned the societal practice of weaponizing infertility—or even suspicion of it—against women. The court called it a violation of human dignity and an abuse of legal process.
Chief Justice Yahya Afridi, heading a two-member bench alongside Justice Miangul Hassan Aurangzeb, issued the remarks while hearing a petition filed by Saleh Muhammad challenging a Peshawar High Court (PHC) judgment dated March 3, 2025. The case involved a legal dispute concerning dower claims, dowry articles, and maintenance for Saleh’s estranged wife, Mehnaz Begum.
“This Judge expressed his disapproval of the manner wherein the respondent — a woman already abandoned, denied maintenance and left to the mercy of litigation — was subjected to repeated, invasive and demeaning scrutiny of her very personhood at the behest of a frivolous and cruel defence,” the CJP stated.
Saleh Muhammad and Mehnaz Begum were married in 2006, but she was allegedly subjected to physical abuse and left at her parents’ home just a year later. Muhammad then moved abroad, cut off all communication, and refused to provide financial support. He later remarried and fathered two children.
Left with no support, Mehnaz Begum filed a case in 2015 seeking her lawful dower, dowry items, and maintenance. Instead of contesting the claim on legitimate grounds, the petitioner attempted to discredit her by alleging she was medically unfit for marital relations or childbirth, effectively questioning her womanhood.
Despite medical tests dismissing his claims, Saleh Muhammad pursued the allegation through three tiers of the judiciary. The apex court called this legal strategy “deeply troubling,” saying it inflicted “profound personal humiliation” upon the respondent.
The Supreme Court categorically stated that even if infertility were established, it would never justify denying a woman her dower or maintenance, nor challenge her legal status as a woman.
“To convert such personal pain into a legal weapon is not only an abuse of the process, but an affront to human dignity that should not be enabled,” the CJP warned.
Supreme Court condemns societal practice of weaponizing infertility against women
Quoting the Holy Quran’s depiction of spouses as garments for one another, Chief Justice Afridi said marriage in Islamic tradition is built on mutual dignity, respect, and protection—values that must not be eroded by malicious litigation.
“Women in our society constitute a vulnerable group whose dignity demands vigilant protection,” he added, making it clear that courts must not become platforms for reinforcing discriminatory norms.
Slamming the petitioner’s conduct as an abuse of judicial process and a cause of prolonged trauma for the respondent, the Supreme Court dismissed the appeal and imposed a fine of Rs500,000, payable to Mehnaz Begum.
“This Court would be remiss in its duty were it to allow such conduct to pass without sanction,” Justice Afridi concluded, stressing that the dignity of women must be safeguarded in all legal proceedings and that baseless, humiliating allegations will not be tolerated.
