Law: Constitution of Pakistan, 1973

Section: 199

SUMMARY

Family Law—Dower (Haq Mehr)—Nature of dower—Execution proceedings—Payment in installments—Judicial discretion—Financial capacity of judgment-debtor—Balance of equities—Compassionate approach in family matters. Dower (Haq Mehr) is an obligatory debt upon the husband and is enforceable through legal process; however, execution proceedings are meant to secure compliance with a decree and not to punish the judgment-debtor. Discretion to allow payment of decretal amount in installments is judicial in nature and must be exercised fairly, reasonably, and equitably, keeping in view the financial capacity of the judgment-debtor, the nature of the decretal amount, and the likelihood of effective satisfaction of the decree within a reasonable time. Dismissal of an application for installments, without fixing a reasonable amount after balancing the rights of the decree-holder with the paying capacity of the judgment-debtor, amounts to non-exercise of discretion in accordance with law. In family matters, courts are expected to adopt a compassionate and pragmatic approach so as to avoid undue hardship and ensure effective enforcement of rights.
Writ Petition allowed and the Petitioner directed to pay the decretal dower amount in monthly installments of Rs.25,000/-. Arrears accrued from 01-09- 2023 to 31-12-2025 shall be cleared at the same rate, either in lump-sum or as calculated accordingly, and thereafter monthly payments shall continue till full satisfaction of the decree. In case of two consecutive defaults, the respondent shall be at liberty to seek enforcement of the decree through coercive process in accordance with law. Execution petition to proceed accordingly.
 

The petitioner challenged orders of lower courts under Article 199, which refused his request to pay decretal dower (Haq Mehr) in installments.

• The Family Court had decreed:
  • Dower (16 tola gold)
  • Maintenance
  • Dowry articles
• During execution, petitioner requested Rs. 5,000/month installments due to financial hardship.
• Both the Executing Court and Appellate Court rejected the request.

The High Court held that:

• Dower is a legal debt, but execution should not be punitive
• Courts must balance:
  • Rights of decree-holder
  • Financial capacity of judgment-debtor
• Lower courts failed to exercise discretion properly

👉 Result: