Infertility No Ground To Deny Dower Or Maintenance, Rules SC

The Supreme Court of Pakistan, in a landmark decision, has declared that using infertility or the suspicion of it as a legal weapon against women is illegal and a violation of human dignity.

A two-member bench headed by Chief Justice Yahya Afridi stated that such painful and humiliating social behavior is not only a misuse of the judicial system but also a serious violation of the constitutional rights of women.

The two-member bench, consisting of Chief Justice Yahya Afridi and Justice Mian Gul Hasan Aurangzeb, heard the appeal filed by Saleh Muhammad against the decision of the Peshawar High Court dated March 3, 2025. The case pertained to Mehnaz Begum's right to maintenance (nafaqah), dower (mehr), and return of dowry items.

In the judgment, the Chief Justice remarked that the court condemns in the strongest terms the way a woman, who was denied maintenance and left at the mercy of prolonged judicial proceedings, was repeatedly subjected to degrading scrutiny regarding her womanhood.

Background of the Case

Saleh Muhammad and Mehnaz Begum were married in 2006. However, in 2007, after alleged domestic abuse by the husband, the wife was sent back to her parents' home. The husband then left the country and ceased providing maintenance. Later, he contracted a second marriage. In 2015, Mehnaz Begum approached the court to claim her dower (mehr), dowry, and maintenance.

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In his defense, the plaintiff (Saleh Muhammad) argued that Mehnaz Begum was medically unfit for marital relations and incapable of bearing children, and thus not legally qualified to be considered a wife.

However, medical reports proved this claim false. Despite that, Saleh Muhammad pursued the same argument across three different legal forums.

The Court's Unambiguous Stance

In the ruling, the Chief Justice stated that the plaintiff repeatedly subjected the woman to degrading scrutiny on the basis of her womanhood, which is strongly condemned. The court emphasized that safeguarding the dignity of women is not just a matter of judicial discretion but a constitutional and moral obligation.

The Chief Justice, referencing a verse from the Holy Qur'an, stated that the relationship between husband and wife is like that of“a garment”, implying dignity, protection, and mutual respect, and that there is no room for violating it.

Fine and Directions

The Supreme Court not only dismissed the plaintiff's case but also imposed a fine of five hundred thousand rupees, to be paid to Mehnaz Begum. The court clarified that this fine is a symbolic act meant to send a message to those who seek to use the judicial system as a means of humiliation.

At the conclusion of the verdict, the Chief Justice said:
“This decision serves as a reminder to all lawyers and litigants that the courts will not tolerate the degradation of women.”

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