Justice Raheel Kamran stated that under Islamic law and the Nikahnama, a legally binding marital contract, the husband is obligated to pay the agreed dower, unless the wife seeks Khula without any fault on his part.

In the case presented, the woman successfully proved that her husband had treated her with cruelty and disrespect. As a result, the court upheld the decisions of the lower courts in her favor. Justice Kamran clarified that when Khula is sought due to the husband s inappropriate behavior, the wife retains her right to both prompt and deferred dower.

However, in situations where Khula is initiated solely based on dislike or incompatibility, the return of the dower may be considered, subject to the court’s discretion and the specifics of the case.

Justice Kamran also highlighted that dowry remains a deeply entrenched social norm, and that Khula is not only rooted in Islamic principles but also supported by historical precedent. Given that the marriage in this case lasted nine years and the wife fulfilled her marital duties, the court deemed it unjust to deny her the deferred dower.