Conditions of Nikahnama

2024 CLC 2129 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S.7NikahnamaCompensation in lieu of divorceLegality

Petitioner/husband agreed to give 08 tolas gold ornaments and also pay Rs.500,000/- to respondent / wife as compensation in lieu of divorce as per column Nos.17 & 19 of Nikahnama

Respondent/wife instituted a suit for recovery

Courts below decreed the suit

Petitioner took a plea that he did not enter into nuptial tie with his free will, rather his thumb impression was obtained by force

Validity

Petitioner could not lead evidence as to obtaining of his thumb impression on the Nikahnama by force and undue influence by the respondent and the same even did not appeal to a prudent mind

Nikahnama was per se admissible in evidence and entries of the same had not been challenged by the petitioner before any forum

Entries of the Nikahnama had been proved by the respondent by producing oral as well as documentary evidence and petitioner could not lead evidence in rebuttal as his right to produce evidence was closed

High Court concluded that respondent had rightly been held entitled by the courts below to recover 8-tola gold ornaments from the petitioner as agreed by him at the time of Nikah with the respondent

High Court observed that in the Holy Quran in Surah Al-Baqra and Surah Talaq the delegation of right of divorce has been described in detail and S.7(1) of the Muslim Family Laws Ordinance, 1961, deals with the matter of Talaq

Husband has an absolute right to divorce his wife and in this respect, no condition is described in Shariah as well as in the codified law

Courts below had failed to adjudge the case on the point of compensation of Rs.500,000/- in lieu of divorce as per settled principles and norms

High Court in exercise of its revisional jurisdiction partially allowed the civil revision and set aside the judgments and decrees of the courts below to the extent of awarding compensation in lieu of divorce.

2014 PLD 154 LAHORE-HIGH-COURT-LAHORE Judicial Precedent

S. 5, SchedConstitution of Pakistan, Art. 199Constitutional petitionSuit for recovery of maintenance allowance and jewelleryConditions of NikahnamaScope

Husband filed suit for restitution of conjugal rights whereas wife filed suit for recovery of maintenance allowance and for implementation of conditions imposed in Nikahnama

Trial Court decreed suit of wife which was maintained by the Appellate Court with certain modifications

Validity

Plaintiff-wife could not prove that she had any other gold ornaments except 7-tolas gold bangles which allegedly were already taken by husband with the promise that he would purchase gold ornaments of equal weight for her

Plea of wife that 10-tolas gold ornaments were the same which were given to her on the eve of marriage vide clause 17 of Nikahnama and was to be retained by her but same were not purchased by him as promised

Maintenance fixed and conditions for payment of amount under clause 20 of Nikahnama were to be made applicable only on the desertion of plaintiff-wife

Condition for payment of amount on desertion did not become operative in presence for decree of restitution of conjugal rights

Clause 17 of Nikahnama imposing condition did not come within the ambit of actionable claim

Constitutional petition, in circumstances, was partly allowed to the extent of imposition of clause 17 and claim under clause 20 of Nikahnama and was dismissed to the extent of maintenance.