SC ‘last hope’ of 90-year-old woman in her quest for getting possession of ‘haq mehr’ property
Islamabad: Marriage in Islam is a legal contract between two parties, and ‘Haq Mehr’ is an important condition among many other terms and conditions which are obligatory to pay at the time of marriage.
But yet, a large majority in our society turn a blind eye to it, depriving a large majority of women from their legal right. The story of 90 years old Saeeda Sultan, a resident of Peshawar, is one such example.
Apparently, it is shown that everything is working according to the law in our country and that it has moved forward a long way in ensuring progress in all spheres of life, including ‘haq mehr’, but we have nothing to justify the claim.
In such a situation, how can we understand the pain of a woman who has been in quest of getting possession of ‘haq mehr’ property for the last 75 years. Saeeda Sultan had approached a local court against her in laws for not handing over possession of her ‘haq mehr’ property [3 kanal land] in 1975.
She was 15-year-old when she got married to Muhammad Khan Orakzai, a resident of Peshawar. At the time of ‘nikkah, 3 kanal property located at Kohat Road Peshawar was written over her name as ‘haq mehr’. However, later her in-laws refused to hand over possession of the property.
After having to make rounds to several courts and lawyers to get something that is her right as a Muslim wife and court’s decisions in her favor, she could not acquire possession of the property.
In her quest for getting possession of ‘haq mehr’ property, the elderly woman has pinned high hopes from the Supreme Court of Pakistan as the apex court has fixed hearing of the case on November 4.
Referring to the last time remarks of the apex court judges, the elderly woman feared that “If I resort to sessions judge again then justice will be administered to me at the age of 200 years”. She appealed that justice be meted out to her in her life.
The woman has taken a plea in her petition that she was married at the age of 15 years and now she is 90 years old. But ‘haq mehr’ has not been given to her. She took the stance that despite the decisions from different courts were given in her favor, the possession of land given to her in ‘haq mehr’ has not been given to her.
The counsel for the petitioner took the plea that the husband of his client has died. Fake report was presented in regard to the grant of ‘haq mehr’ despite the fact different courts had given verdicts in her favor.
Saeeda Sultan, the petitioner, said the case is sub judice in different courts since 1970. Possession has not been given to me despite a decision has been given in her favor by the courts.
She pointed out that a fake report was presented in the court in 2010 that possession has been given to her.