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The High Court has ruled that an unproven or legally ineffective divorce cannot be used as grounds to block enforcement of maintenance or dower (mahr) decrees in favour of a wife and minor child.
In its published judgment, the court said a minor child’s right to maintenance is an independent legal right that cannot be affected by disputes over the parents’ divorce.
It also reaffirmed that execution courts are bound to enforce valid decrees unless stayed by a competent court and have no authority to reconsider the validity of a divorce during execution proceedings.
The High Court upheld the lower court’s order, dismissed the husband’s petition, and directed him to pay all outstanding dower and arrears of maintenance owed to his wife and minor daughter.
The judgment also reaffirmed that family courts have exclusive jurisdiction over disputes involving marriage, divorce, maintenance, dower, and related matrimonial matters.
