If Nikahnama clauses are confusing, the SC states the wife will benefit
The Supreme Court declared that advantages would go to the wife in the event of any ambiguity in the terms and conditions agreed upon at the time of the wedding and recorded in the Nikahnama, emphasizing that the bride’s interest could not be jeopardized if the Nikahnama form was filled out by someone else.
A comprehensive 10-page ruling on an appeal concerning a divorce was released on Tuesday by a two-judge panel made up of Justices Aminuddin Khan and Athar Minullah. Justice Athar Minullah authored the ruling.
The case facts indicate that following the divorce, the lady petitioned the court for the recovery of the dowry and other belongings, subject to the terms outlined in the Nikahnama. The woman received a plot referenced in Nikahnama column number 17 when the case made it to the supreme court.
The appellant filed a case with the Supreme Court in opposition to the verdict of the high court, arguing that the plot’s objective was to build a house there, which the lady would be allowed to occupy for the duration of their marriage. Nevertheless, the Nikahnama did not contain this kind of explanation.
In this case, the Supreme Court was asked to decide how to resolve any potential ambiguity in the Nikahnama’s terms and conditions. The court stated that it was well-established law that the parties’ intentions governed any uncertainty in a contract.
In this instance, the ruling said that in addition to interpreting the Nikahnama’s terms and conditions, it was necessary to take into account the bride’s complete freedom to accede to the terms and circumstances of the marriage.
According to the ruling, males often set terms and conditions for brides in societies where men predominate. Therefore, it also stated that the Nikahnama could not be utilized against the bride’s interests if someone else filled in the columns without the bride’s meaningful consultation.
The ruling stipulated that the wife would get the benefit if there was any uncertainty or ambiguity regarding the terms and circumstances of the Nikahnama, as well as any entry or column. The Supreme Court denied the appeal and maintained the high court’s ruling.
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