SC fines man Rs500,000 for questioning wife’s womanhood over infertility

In a case involving dowry and maintenance, the Supreme Court expressed strong disapproval after the petitioner questioned his wife’s womanhood by claiming she was infertile. The woman had initiated legal proceedings to reclaim her dowry and maintenance after her husband abandoned her within a year of marriage.

Chief Justice of Pakistan (CJP) Yahya Afridi highlighted the pervasive social biases against women and the intense scrutiny they face in courts, where legal proceedings often become tools of humiliation.

The two-member bench, headed by CJP Yahya Afridi and Justice Miangul Hassan Aurangzeb, heard the case filed by a man named Saleh against a Peshawar High Court (PHC) ruling in favor of the respondent, Mehnaz Begum.

Saleh Muhammad and Mehnaz Begum married in 2006. However, Mehnaz moved back to her parents' home in 2007 after reportedly suffering physical abuse. Saleh later left the country, ceased all communication, remarried, and had two children with his second wife.

After years of abandonment, Mehnaz Begum filed a legal case to reclaim her dowry articles and receive maintenance payments.

Instead of arguing about the dowry claims in his appeal to the Supreme Court, Saleh objected to his wife's "womanhood," claiming she was infertile and therefore not legally considered a woman.

Dowry must be voluntary and is sole property of the bride: SC

Despite several medical reports refuting his claims, Saleh continued to withhold the dowry and deny maintenance.

Reacting to this argument, the Supreme Court observed, “While it is possible that the petitioner viewed this as a genuine grievance or felt wronged in some manner, the manner in which this allegation, targeting the very identity of the respondent, was pursued remains troubling.”

The court added, “It was pressed persistently and aggressively through three tiers of judicial scrutiny, unnecessarily so, given that all forums rendered findings effectively refuting it, thereby subjecting the respondent to what this Court recognises as profound personal humiliation.”

“To convert such personal pain into a legal weapon is not only an abuse of process but an affront to human dignity that should not be enabled,” said CJP Afridi.

He further referenced the sanctity of the marital relationship in religion and society, pointing out that Islam describes spouses as each other’s "libaas" (garment), signifying mutual respect and dignity, which must be upheld.

The Supreme Court dismissed Saleh’s petition and imposed a Rs500,000 fine, payable to the respondent, stating that the ruling would serve as a precedent against using baseless and degrading allegations to attack women in legal disputes.