ISLAMABAD (Azmatullah) The Supreme Court (SC) of Pakistan on Monday issued a definitive legal clarification establishing that assets belonging to a third party cannot be legally pledged as dower (Haq Mehr) without the owner’s explicit permission.
In a judgment authored by Justice Musrat Hilali, the apex court addressed a dispute where a father-in-law’s property had been listed in a marriage contract without his authorisation. The ruling said that marital obligations cannot override the fundamental property rights of individuals who are not direct parties to the marriage contract.
The apex court partially granted an appeal against a Peshawar High Court decision from March 2024, subsequently voiding the transfer of a one-kanal plot on Peshawar’s Ring Road to the plaintiff.
The court found that because the land was owned by the petitioner’s father-in-law and not the husband, its inclusion in the dower was legally invalid from the outset. While the transfer of the land was cancelled, the Supreme Court maintained the validity of other dower components, including five lakh rupees and gold jewellery, which had been previously awarded by lower courts.
Critically, the judgment highlighted significant evidentiary gaps that had been overlooked by the Family Court and the High Court. The Supreme Court noted that the witnesses cited on the Nikahnama were unable to verify their presence during the drafting or signing of the document when subjected to cross-examination. Furthermore, the court pointed out that the lower judiciary failed to scrutinise ownership records, which clearly showed the husband did not have the title to the land he was promising.
This decision serves as a corrective measure for the lower courts, noting that the High Court should have intervened when ownership evidence was ignored. By declaring the previous orders null and void regarding the specific plot of land, the Supreme Court has reinforced that dower agreements must be based on the actual assets of the groom or those voluntarily offered by others, ensuring that the property of family members is protected from unauthorised claims in matrimonial disputes.
