Court forbids denial of financial support to women due to infertility-related issues
The Supreme Court of Pakistan has made a significant stride in upholding women's rights, as affirmed by a landmark 2025 ruling. The court has explicitly prohibited denying a woman her dower (Mahr) or maintenance (Nan-o-Nafqa) on the grounds of infertility.
In a case that has garnered attention, Mehnaz Begum vs. Saleh Muhammad, the court condemned the husband's attempt to challenge his wife's rights by accusing her of infertility and questioning her womanhood. The court found such personal attacks to be reprehensible and an unacceptable form of character assassination in legal proceedings.
The judgment emphasized that judicial forums must not become venues to humiliate women under the guise of litigation, especially through baseless attacks on their biological or social worth. The court's strong language specifically rejected patriarchal biases and made it clear that a woman’s self-respect and dignity must be protected irrespective of her fertility status.
As a consequence, the husband in this case was fined PKR 500,000 for false accusations and wasting court time. The court's seven-page order asserted that infertility is no ground to deny a woman her dower or maintenance. The order reiterated that frivolous allegations attacking a woman's personal identity and dignity will not be countenanced in any court of law.
The court's decision serves as a reminder of its role in protecting the dignity of vulnerable groups, particularly women. The ruling underscores that courts would not be passive venues for the perpetuation of social prejudices that harm women. The order also expressed hope that the decision would serve as a reminder to all litigants and counsel to respect the dignity of women in judicial proceedings.
This landmark ruling addresses the issue of women's rights and infertility in Pakistan, offering a significant shift against entrenched social prejudices. The court has made it clear that a woman's fertility status should not be used to challenge her legal rights or question her personhood.
The Supreme Court dismissed Saleh's petition and imposed a Rs500,000 fine payable to Mehnaz. The court found that the petitioner wasted judicial time and caused Mehnaz to suffer degradation and personal trauma over protracted litigation. The court's criticism of the practice of using infertility as a weapon against women in legal proceedings is a step towards ensuring justice and dignity for all women in Pakistan.
[1] The News International [2] Dawn [3] Geo TV [4] Express Tribune [5] The Express [6] Pakistan Today
- In the realm of health-and-wellness and mental-health, this landmark ruling in Pakistan promotes a stronger focus on upholding the rights of women, especially in the context of women's health, and addresses the issue of infertility, ensuring that a woman's fertility status is not used to challenge her legal rights or question her personhood.
- The Supreme Court's decision, in light of science and mental-health considerations, aims to safeguard the dignity of women in Pakistan, breaking down social prejudices and discouraging the use of infertility as a weapon against women in legal proceedings, thus paving the way for better mental health and wellness for affected women.
