ISLAMABAD, July 24, 2025 — In a powerful ruling against the misuse of judicial processes to degrade women, the Supreme Court of Pakistan has strongly condemned a petitioner for attempting to discredit his wife’s identity by using baseless infertility claims during a legal battle over dower and maintenance.
Chief Justice Yahya Afridi, heading a two-member bench with Justice Miangul Hassan Aurangzeb, delivered a scathing rebuke of the petitioner’s conduct, describing it as “cruel and frivolous.” The Court upheld a previous verdict by the Peshawar High Court in favor of Mehnaz Begum, who had filed for recovery of dower, dowry articles, and maintenance after being abandoned by her husband, Saleh Muhammad, within a year of their marriage in 2006.
Rather than addressing the legal claims directly, the husband attempted to deny his responsibilities by alleging that his wife was incapable of bearing children and therefore not a “complete woman.” Medical reports later disproved this claim, yet the petitioner persisted with the narrative through multiple stages of litigation.
In a sharply worded order, the apex court criticized this strategy as a form of “personal humiliation” and a misuse of the judicial system. The bench noted that courts must not become venues for reinforcing discriminatory social attitudes or subjecting women to demeaning treatment under the guise of legal arguments.
“It must be clearly stated that infertility, even if present, cannot justify the denial of a woman’s legal rights, including dower and maintenance,” the ruling stated. The court emphasized that such personal aspects should never be weaponized to undermine a woman’s dignity or personhood.
The court imposed a fine of Rs500,000, to be paid directly to Mehnaz Begum, as compensation for the emotional and psychological harm caused by prolonged litigation and character attacks. The judgment also serves as a public warning that courts will not tolerate baseless allegations that target women’s identity or dignity.
Chief Justice Afridi highlighted that the sanctity of marriage, as upheld by cultural and religious values, demands mutual respect and care. He referred to the Quranic concept of spouses being like garments to one another — a relationship built on dignity, not degradation.
The Court concluded that judicial forums have a constitutional and moral duty to protect the dignity of individuals, especially those facing systemic vulnerabilities, and that such conduct would not go unpunished in the future.
