Islamabad High Court Dismisses Constitutional Petition Over Haq Mehr Return, Holds Seven Tolas of Gold Claim Unproven
ISLAMABAD: The Islamabad High Court (IHC) has delivered an elaborate judgment on Khula case in which it dismissed a constitutional petition claiming recovery of seven tolas of gold or its equivalent sum in current market value.
In a written judgment authored by Justice Shahrukh Arjumand, the high court found that the petitioner could not establish with concrete evidence that the agreed dower of seven tolas of gold had been specifically mentioned or given.
Nikkahnama Stipulation and Evidentiary Evaluation
The official Nikkahnama (marriage contract) had stamped the amount of dower as Rs250,150, according to the detailed judgment. It stated that the payment was in the shape of gold jewellery, but failed to mention or quantify seven tolas of gold.
The court noted that there is no legal evidence or proof that could establish the exact weight of the gold jewelry, if the admission was made that the jewelry was received. As a result, the amount of seven tolas of gold received as Haq Mehr was not substantiated with legitimate legal proof.
The High Court upheld the decision of the family court.The High Court affirmed the family court’s decision.
On dissolution of marriage under Khula, the petitioner had approached the high court seeking to have the seven tolas of gold returned to him or the cash value of the same in the current market rates.
The Islamabad High Court, rejecting the plea, maintained the subordinate courts’ Rs250,150 decision, saying there was no error of jurisdiction or otherwise in the decisions made by the lower courts.