Haq Mehr (dower) in Pakistan
Haq Mehr (dower) is money or property the husband owes his wife because of the Nikah. It is her own property, and it is recorded in columns 13 to 16 of the Nikahnama. Prompt dower is payable whenever she asks; deferred dower falls due on the date or event the Nikahnama names, usually divorce or death. If the Nikahnama does not say how it is to be paid, or calls it deferred without naming a time or event, it is payable on demand (section 10 of the Muslim Family Laws Ordinance). Unpaid dower is claimed in the Family Court.
Legally reviewed by Fahmida Naz Sheikh, Advocate High CourtLast reviewed
- Where it is recorded
- Nikahnama, columns 13 to 16
- Mode not stated
- Whole dower payable on demand (MFLO s.10)
- Where to claim
- Family Court
- Time limit to sue
- 3 years
Kinds of dower
Prompt (mu'ajjal)
Payable on demand, at any time during the marriage.
Deferred (mu'wajjal)
Payable on the date or event named; if none is named, on demand.
Gold or property
The specified property is owed, not its old cash value.
Dower in Khulla
Paid dower may have to be returned; unpaid dower is given up.
What Haq Mehr is, and what it is not
Dower is the wife’s right, owed by the husband, and it belongs to her alone: not to her parents and not to the household. It is a debt, so it does not lapse because she stays silent about it.
It is not dowry. Dowry (jahez) is what the bride brings from her own family, governed by separate law, and gifts from the husband’s family are different again. A claim can include all three, but each is proved separately.
Pakistani law sets no fixed minimum or maximum amount; it is whatever the spouses agreed at the Nikah.
Reading the Nikahnama: columns 13 to 16
- Column 13: the amount of dower.
- Column 14: how much is prompt and how much is deferred.
- Column 15: whether any part was paid at the time of the Nikah, and how much.
- Column 16: whether property was given in place of all or part of the dower, with its description and agreed value.
The Supreme Court has held that these columns must be read together as one arrangement, and that the Nikahnama is the primary evidence of what was agreed, though it can be rebutted. An entry saying dower was prompt proves what was promised, not that it was paid: payment has to be proved separately.
Prompt and deferred dower
Prompt dower can be demanded at any time, even while the couple live together. Until it is paid, the wife may be entitled to refuse to live with her husband.
Deferred dower becomes payable on the time or event the Nikahnama names, usually when the marriage ends by divorce or death. But “deferred” on its own does not postpone payment: where no time or event is written in, the Lahore High Court held in March 2026 that it is payable on demand, and the wife need not wait for the marriage to end (2026 LHC 1643).
Nothing stated? Under section 10 of the Muslim Family Laws Ordinance, where the Nikahnama does not specify the mode of payment, the entire dower is payable on demand. The Lahore High Court applied this in 2026.
When the whole dower falls due
- Divorce by the husband: all unpaid dower, prompt and deferred.
- Second marriage without permission: under section 6(5) of the Ordinance, the husband must pay the entire dower, prompt and deferred, immediately.
- Death of the husband: unpaid dower is a debt of his estate and is paid before the heirs take their shares.
- No rukhsati: dower is owed from the Nikah itself; the Lahore High Court held in June 2026 that it is payable on demand even where the couple never lived together. If talaq is given before the marriage is consummated, the share due can differ, so take advice.
- Khulla: different rules apply; see Haq Mehr in Khulla.
Dower given as gold, a house or land
Where column 16 names property, the wife is owed that property. If it cannot be transferred, the obligation does not disappear: the Supreme Court has held it survives, and the Lahore High Court has refused to let land promised as dower be replaced with cash at its old value. Keep any title documents, photographs or valuations that identify the property.
How to claim unpaid dower
- Demand it in writing. A legal notice fixes the date of demand, which matters for prompt dower.
- File a suit in the Family Court where the wife ordinarily resides. It can be joined with claims for maintenance, dowry articles or dissolution.
- Prove the agreement and non-payment: the Nikahnama, witnesses to the Nikah, and anything showing what was or was not paid.
- Enforce the decree like any money decree if it is not paid.
Do not wait: a suit is generally due within three years, counted for prompt dower from when payment was demanded and refused, and for deferred dower from the divorce or death.
Bring to your first meeting
Bring what you have; we will tell you what else is needed.
Common questions
Can a wife ask for her prompt dower while still living with her husband?
Yes. Prompt dower is payable on demand at any time during the marriage.
Is Haq Mehr the same as dowry?
No. Dower is owed by the husband to the wife; dowry is what the bride brings from her own family. They are claimed and proved separately.
Can the husband reduce the dower later?
Not on his own. A wife may give up dower voluntarily, but courts look closely at whether she did so freely.
The Nikahnama does not say prompt or deferred. What then?
The whole dower is payable on demand (MFLO s.10).
It says "deferred" but not until when. Must I wait for a divorce?
No. Where no time or event is stated, deferred dower is payable on demand, even during the marriage (Lahore High Court, 2026 LHC 1643).
What if the husband dies before paying?
The unpaid dower is a debt of his estate and should be paid before the estate is divided among the heirs.
Legal basis
- Muslim Family Laws Ordinance, 1961: s.10 (Dower)Whole dower payable on demand if the mode of payment is not specified
- Muslim Family Laws Ordinance, 1961: s.6(5)Polygamy without permission: entire dower payable immediately
- Lahore High Court, 2026 LHC 1643Deferred dower with no stated time is payable on demand
- Lahore High Court, 2026 LHC 1104Second marriage proved: deferred dower payable without proof of divorce
- Family Courts Act, 1964: ScheduleDower is a matter for the Family Court
- Limitation Act, 1908: Articles 103 and 104Time limits for prompt and deferred dower
- Express Tribune: LHC rules dower payable even without rukhsati (July 2026)
- The News: dower must be paid on demand if time not specified in the Nikahnama (LHC, 2026)
- PLD 2026 SC 91: cruelty, Khulla and dower (our guide)
- Proof of dowry articles (our brief)
Relevant Pakistani judgments
A section 12(2) application cannot simply reopen a contested family decree
Muhammad Afzal v. Maria Tariq and others
Issue: Can a party who fully contested a family suit reopen the decree under section 12(2) CPC, and is a claim that former…
Held: No on both points. The petitioner had contested the suit in full and his section 12(2) CPC application identified no fraud, misrepresentation or concealment of the kind the provision requires; a bare assertion that former counsel did not disclose the…
r.22, Family Courts Rules 1965s.12(2), Code of Civil Procedure 1908s.14, Family Courts Act 1964s.5, Limitation Act 1908
Arresting a husband to enforce a family decree is a last resort with strict safeguards
Pervaiz Ahmed v. Additional District Judge & others
Issue: Can an executing court arrest a judgment debtor under a family decree and detain him for a year without first giving a…
Held: No. Under Order XXI rule 37 the court must give the judgment debtor an opportunity to show cause before issuing an arrest warrant, and under the proviso to section 51 it may order detention only on reasons recorded in writing…
Art. 199, Constitution of Pakistan 1973O.XXI r.37, Code of Civil Procedure 1908s.51, Code of Civil Procedure 1908
A Family Court can find oral talaq was pronounced without a Union Council certificate; Column 17 gold is the bride’s
Mst. Hoor Hifza v. Additional District Judge etc.
Issue: Can a Family Court find that oral talaq was pronounced although no notice went to the Union Council; can dower payable on…
Held: Yes, no, and yes. Whether talaq was pronounced is a question of fact, distinct from whether it has become legally effective under section 7; the wife's evidence, corroborated by her sister, was not shaken, and a missing effectiveness certificate cannot…
Art. 199, Constitution of Pakistan 1973s.5, Family Courts Act 1964s.7, Muslim Family Laws Ordinance 1961
Is your Haq Mehr unpaid?
Send us what the Nikahnama says in columns 13 to 16 and what has been paid. A family lawyer will tell you what you can claim.
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