| Citation(s) |
|---|
| 2025 SLG 2185 2025 SLD 2185 = 2025 SCP 273 |
Civil Petition No.354-P of 2025 (Against the judgment dated 03.03.2025 of the Peshawar High Court, Peshawar passed in W.P.No.1263-P/2022)
Mr. Justice Yahya Afridi, CJ Mr. Justice Miangul Hassan Aurangzeb
For the Petitioner(s): Mr. Muhammad Arif, ASC (via video link, Peshawar) For the
Respondent(s): Not represented
Saleh Muhammad and another …Petitioner(s)
VERSUS
Mst. Mehnaz Begum and others …Respondent(s)
Law: Muslim Family Laws Ordinance, 1961
Section:
Law: Criminal Procedure Code (V of 1898)
Section: 125
Summary of the Judgment
The petitioner-husband sought leave to appeal against the High Court’s judgment, which upheld prior decisions awarding the respondent-wife her dower, dowry articles, and maintenance. The petitioner challenged the wife’s entitlement on the ground that she was medically unfit for conjugal rights and infertile, disputing her status as a "female" under the law and hence denying her dower and maintenance.
The Supreme Court refused to grant leave for appeal, upholding the concurrent findings of the lower courts that the wife is legally a female and entitled to dower and maintenance. The Court strongly condemned the petitioner’s persistent and abusive challenge to the wife’s identity and dignity, observing that such frivolous, repetitive allegations had subjected the wife to humiliation and invasive medical examinations.
The Court emphasized the protection of women’s dignity in judicial processes, recognizing social prejudices around infertility and firmly rejecting the use of such grounds to deny rights or challenge womanhood. The petition was dismissed with exemplary costs of Rs. 500,000 imposed on the petitioner to deter such malicious litigation.