SALEH MUHAMMAD vs Mst — 2025 PLD 1039 SUPREME-COURT

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SALEH MUHAMMAD VS Mst. MEHNAZ BEGUM S. 5, Sched.---Constitution of Pakistan, Arts. 33, 34 & 35---Family dispute---Recovery of dower, dowry article and maintenance---Misuse of judicial process---Dignity of women---Scope---Husband disputing status of wife as a 'female' in all fora below and claiming she was unfit to bear children---Petitioner/husband assailed judgment pertaining to recovery of dower, dowery articles and maintenance by respondent/ wife---Validity---Women in our society constitute a vulnerable group, whose dignity requires vigilant protection and care---Courts cannot be passive venues for perpetuation of social prejudices that harm women and subject them to one trauma after the other---It is not a matter of judicial discretion but of Constitutional and moral obligation that personal dignity of all who appear before Courts should be duly safeguarded, particularly where power imbalance between the parties is so manifest---Supreme Court imposed cost of Rs.500,000/- against petitioner/husband to be paid to respondent/wife, primarily as an expression of strong disapproval of Supreme Court towards misuse of judicial process by the petitioner/husband to inflict gratuitous humiliation upon respondent/wife---Supreme Court directed that if amount of costs was not paid by petitioner/husband, the same would be recovered by way of arrears of land revenue---Supreme Court hoped that present judgment would serve as a reminder to all litigants and counsel that dignity of every individual, particularly of women, must be respected in all judicial proceedings and frivolous allegations attacking personal identity and dignity of a woman would not be countenanced in any Court of law---Petition was disposed of.

SALEH MUHAMMAD vs Mst — 2025 PLD 1039 SUPREME-COURT

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