The Supreme Court of Pakistan has ruled that a husband is legally bound to pay the full amount of haq mehr as mentioned in the nikahnama, declaring it a mandatory and enforceable obligation under the law.
The observations were made during the hearing of petitions related to dowry and haq mehr by a two-member bench headed by Chief Justice of Pakistan Justice Yahya Afridi. The court emphasized that once a marriage is solemnized, all terms recorded in the nikahnama acquire legal sanctity and must be honored accordingly.
Chief Justice Yahya Afridi remarked that whatever amount or items are specified as haq mehr in the nikahnama must be paid in full by the husband. He noted that these terms are not symbolic or optional but constitute a binding legal commitment between the parties. “When the nikah is performed, the entries made in the nikahnama become binding,” the chief justice observed during the proceedings.
During the hearing, counsel for one of the petitioners argued that the haq mehr fixed at 40 tolas of gold was excessive and placed an undue burden on the husband, who was willing to pay only 20 tolas.
In response, the chief justice commented that mutual understanding and flexibility could help resolve such disputes, but stressed that the court could not alter or interfere in personal agreements voluntarily entered into at the time of marriage.
The bench made it clear that courts cannot reduce or revise the amount of haq mehr once it has been agreed upon and documented. The responsibility to fulfill the obligation rests entirely with the husband, regardless of later disputes or financial concerns.
Following the observations, the Supreme Court dismissed multiple petitions related to dowry and haq mehr, reinforcing the principle that contractual obligations recorded in marriage documents must be respected.
Legal experts say the ruling strengthens the enforceability of nikahnama provisions and serves as an important reminder of the legal rights of women under Pakistani law. The decision is expected to set a strong precedent in similar cases involving marital financial obligations.
