LAHORE (Muhammad Ashfaq) - The Lahore High Court has ruled that a husband must honour the terms of a settlement agreement reached with his wife and pay compensation for violating the deal.
Justice Raheel Kamran issued a detailed nine-page verdict on a petition filed by Sanam Shehzadi, setting aside the decision of the appellate court and directing the husband to pay Rs2.5 million.
According to the judgment, the wife had filed a suit seeking a decree for damages worth Rs2.5 million against her husband.
The court noted that the husband had allegedly expelled his wife and their minor son from the house after entering into a second marriage.
The verdict stated that elders from both families later intervened and facilitated a reconciliation agreement between the couple.
Under the agreement, the husband undertook to provide a monthly maintenance payment of Rs2,000, transfer five marlas of land to the minor son and arrange separate accommodation for the wife.
The court observed that the husband had also promised to construct a house within three months at a cost of Rs1.3 million, while the agreement included a penalty clause of Rs2.5 million in case of breach.
According to the wife, the husband failed to fulfil the terms of the agreement and did not construct the promised house.
The husband argued that he had been forced into signing the agreement, but the court rejected the claim, noting that the record showed he had personally purchased the stamp paper and that the agreement was executed openly.
The court held that the wife was not repudiating the agreement but merely seeking its enforcement, and that the husband could not blame her while failing to discharge his own obligations.
Setting aside the appellate court’s decision, the Lahore High Court ordered that the wife be paid Rs2.5 million, adjusted in accordance with the prevailing dollar exchange rate or the value of gold.