The Supreme Court set aside the inclusion of a father-in-law’s one-kanal plot in Haq Mehr, ruling that no third-party property can be included without the owner’s consent.
ISLAMABAD: (UrduPoint/UrduPoint / Pakistan Point News-May-11, 2026) The Supreme Court of Pakistan has ruled that the property of a third person cannot be made part of Haq Mehr (dower) without the consent of the actual owner.
The case, related to the inclusion of a father-in-law’s property in Haq Mehr, was heard by Justice Musarrat Hilali, who announced the verdict.
The Supreme Court partially accepted an appeal against the Peshawar High Court judgment dated March 22, 2024, and set aside the decree granting a one-kanal plot in favor of the plaintiff. The court observed that a third party’s property cannot be included in Haq Mehr without the owner’s consent.
The apex court declared void the decisions of the Family Court, Appellate Court, and High Court regarding the one-kanal plot included in the Haq Mehr. However, it upheld the earlier rulings concerning other items of Haq Mehr, including Rs500,000 and gold jewelry.
According to the judgment, the plot mentioned in the Haq Mehr was not registered in the husband’s name. Court records showed that the property belonged to the petitioner, who was the bride’s father-in-law. The Supreme Court noted that the lower courts failed to properly assess the evidence and ignored the crucial issue of ownership.
The judgment further stated that the disputed one-kanal plot, located on Ring Road Peshawar, had been included in the Haq Mehr. The petitioner maintained that the property belonged to him and that he had never consented to its inclusion in the marriage contract.
The court also observed that the witnesses to the Nikahnama failed during cross-examination to prove their presence at the time the document was prepared and signed.
The Supreme Court concluded that the decisions of the subordinate courts were based on legal errors and said the High Court should have intervened in the matter.
