Lahore High Court protects women's khula and dowry rights

The Lahore High Court has ruled that a woman’s khula, maintenance, and dowry claims cannot be dismissed solely due to objections regarding territorial jurisdiction. In an 11-page judgment, Justice Muhammad Sajid Mehmood Sethi set aside an appellate court decision and restored a family court ruling that had been issued in favor of Shagufta Bibi.

The court clarified that a wife may file a khula case in the jurisdiction where she ordinarily resides, noting that ordinary residence is not strictly limited to a person’s permanent address. The judgment emphasized that a territorial objection does not constitute a lack of inherent jurisdiction and should not end judicial proceedings if no genuine prejudice is caused to any party.

Furthermore, the court held that claims for maintenance and dowry can be heard alongside khula in a single suit. The ruling criticized the previous appellate court for focusing on a single statement regarding residence while ignoring other evidence, such as testimony from the petitioner’s father which supported her claim of living within the jurisdiction of Jahanian.