What happens to Haq Mehr in Khulla

Why dower is at stake in Khulla

Khulla is the wife’s release from a marriage she cannot continue, granted without proving any fault by the husband. Islamic law treats it as a release for consideration: when the court grants Khulla it can direct the wife to give back dower or other benefits she received from the husband in consideration of the marriage.

That is the price of not having to prove fault. If she does prove a ground, the position changes (see below).

Section 10(5) and the Shariat Court ruling: the law is unsettled

Section 10(5) of the Family Courts Act (as amended in Punjab in 2015) told the court, on a Khulla decree, to direct surrender of up to half of the deferred dower or up to a quarter of the admitted prompt dower. In 2022 the Federal Shariat Court declared sub-sections (5) and (6) contrary to Islam (Imran Anwar Khan, PLD 2022 FSC 25). The Province of Punjab has appealed to the Supreme Court, and the Lahore High Court has since taken two views:

• The limits still apply. A Shariat Court decision does not take effect while an appeal is pending, so section 10(5) still governs. In June 2026 the Rawalpindi Bench directed a wife to surrender a quarter of her prompt dower on that basis (2026 LHC 3878).
• The limits are gone, the right is not. In July 2026 another bench held that the ruling removed the fixed formula but not the wife’s right to dower or the court’s power to decide it. The court must decide, with reasons, what if anything is returned, may not order return of unpaid dower, and resolves real doubt in the wife’s favour (2026 LHC 4758).

Until the Supreme Court decides the appeal, expect either approach. Both agree on the points below: only dower actually received can be ordered back, and a proved statutory ground protects the dower in full.

Paid or unpaid: the first question

Only what the wife actually received can be ordered back. A Nikahnama entry showing prompt dower proves what was promised, not that it was paid (Sindh High Court, 2026 SHC SUK 1894). If the husband says he paid, he must prove it.

If the dower was never paid, there is nothing to return; giving up the unpaid claim is itself the consideration for Khulla. The decree should say clearly which dower was received and what, if anything, is to be returned. The Lahore High Court has said a court must not leave it at “return the dower, if any” when this is disputed (2026 LHC 5974).

What different kinds of dower mean in Khulla

The table shows the usual position. Every case depends on the Nikahnama, the evidence of payment and the court’s findings.

Read the Nikahnama as a whole

Dower is recorded across several Nikahnama columns: the total, how much is prompt and deferred, what was paid at the time, and any property given. In September 2026 the Supreme Court held that columns 13 to 16 must be read together as one arrangement, and that a property-based dower obligation survives even if the property cannot be transferred (Mst. Farwa Noreen, C.P.L.A. 372-P of 2019). So before filing, list exactly what each column says and what was actually handed over.

See the Nikahnama, column by column.

When the wife keeps her dower in full

If the wife proves a ground under section 2 of the Dissolution of Muslim Marriages Act, 1939, such as cruelty, failure to maintain, or a second marriage without the Arbitration Council’s permission, the marriage is dissolved on that ground, and section 5 of the Act protects her dower. It is not reduced by degrees: once the ground is proved, prompt and deferred dower, paid or unpaid, stay in full, and cruelty includes psychological, verbal, emotional and economic abuse (2026 LHC 4758).

A court cannot turn such a case into Khulla, and take her dower, unless she clearly chooses that. The Supreme Court said so in PLD 2026 SC 91 and again in October 2026, and in October 2026 the Lahore High Court added that the court must first explain the difference for dower, in a language she understands, and record her informed choice (2026 LHC 7951). If you have a statutory ground, plead it first, with Khulla as an alternative only if you decide to.

Dowry and maintenance are separate

Dowry (jahez) is the wife’s own property brought into the marriage, not dower. Seeking Khulla does not mean giving it up; she can claim it back in the same proceedings. Maintenance for the children is also unaffected, and unpaid past maintenance can still be claimed.