ISLAMABAD: The Supreme Court of Pakistan has declared that denying a woman dowry or maintenance solely due to infertility is illegal and unconstitutional. The court strongly condemned the misuse of infertility allegations as a weapon against women within legal disputes.
Chief Justice Yahya Afridi, leading a two-judge bench, expressed deep concern over a disturbing trend where courts have become battlegrounds for humiliating women under the pretext of litigation. The ruling was delivered during a hearing related to a case filed by Saleh Muhammad against a Peshawar High Court decision involving his estranged wife, Mehnaz Begum.
The court detailed the hardships faced by Mehnaz, who was married in 2006. After suffering physical abuse and abandonment by Saleh in 2007, she was left to fend for herself at her parental home. Saleh, meanwhile, went abroad, ceased all contact, and later remarried, fathering two children with his second wife.
In her attempt to recover her rightful dues—dower, dowry items, and maintenance—Mehnaz faced further humiliation. Saleh launched a campaign questioning her physical fitness and ability to bear children, falsely claiming she was “medically unfit” to fulfill conjugal duties. These baseless allegations were subjected to medical testing, which ultimately proved her innocence.
The Supreme Court expressed alarm at how these unfounded claims were aggressively pursued through multiple judicial layers, exposing Mehnaz to personal humiliation and trauma. The bench emphasized that infertility, regardless of its presence, cannot justify depriving a woman of her legal rights or questioning her dignity.
In its detailed seven-page order, the Court underscored that using personal pain or medical conditions as legal tools is an abuse of the judicial process and an affront to human dignity. It reiterated that marriage is a sacred bond rooted in mutual respect and protection—a principle that must be upheld by the judiciary.
The Court highlighted the vulnerability of women in Pakistani society and reaffirmed its commitment to safeguarding their dignity and rights. The judges emphasized that courts must not allow social prejudices to influence proceedings or perpetuate harm.
The ruling explicitly stated that courts cannot remain passive when faced with such abuses and must act decisively to protect women from degradation and trauma. The Supreme Court dismissed Saleh’s petition, criticizing his conduct for wasting judicial resources and causing unnecessary suffering to his wife.
As part of the punishment, Saleh was fined Rs500,000, payable to Mehnaz, symbolizing a strong disapproval of his actions. The Court expressed hope that the verdict would serve as a warning to all litigants and legal practitioners that personal dignity, especially of women, must be respected in all judicial processes. Frivolous and malicious allegations targeting a woman’s identity and worth will no longer be tolerated.
