Executing Court Power: Can husband pay alternative cash value instead of gold ornaments decreed as Haq Mehr?

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2026 S C M R 494

In such scenarios, the husband cannot escape his liability by paying the outdated alternative cash value if gold return in specie is not possible. This issue was addressed by the Supreme Court of Pakistan in the case of 2026 SCMR 494 (Shafqat Ali v. Mst. Zaib un Nisa). The Court held that where a decree affords alternative modes of satisfaction (gold or cash), the decree-holder (the wife) retains the liberty to choose the mode of satisfaction. If the gold ornaments cannot be returned, the executing court is fully authorized to direct the payment of the current prevailing market value of the gold ornaments, rather than restricting the recovery to the fixed sum of Rs. 100,000. Therefore, your sister is legally entitled to demand the current market value of the 7 tolas of gold.