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ISLAMABAD: The Supreme Court of Pakistan has decreed that in instances of ambiguity within the terms and conditions outlined in the Nikahnama, the advantages shall lean towards the wife. It emphasized that if someone other than the bride had completed the Nikahnama form, it cannot be wielded against her interests.
A two-member bench, comprising Justice Aminuddin Khan and Justice Athar Minullah, delivered a comprehensive 10-page judgment on an appeal concerning a couple’s divorce on Tuesday. Justice Athar Minullah authored the judgment.
In light of the case’s circumstances, following the divorce, the woman petitioned the court for the return of her dowry and other belongings as per the stipulations of the Nikahnama. Upon escalation to the high court, the woman was allotted a plot as per column number 17 of the Nikahnama.
Challenging the high court’s ruling, the appellant appealed to the Supreme Court, contending that the plot’s intended purpose was for constructing a house, and as long as the marriage endured, the woman could reside there. However, no such clarification was mentioned in the Nikahnama.
The legal query before the Supreme Court revolved around resolving any ambiguity within the Nikahnama’s terms and conditions. The court reiterated the established principle that ambiguity in a contract is deciphered based on the parties’ intentions.
Nevertheless, the judgment highlighted the necessity to consider whether the bride had the freedom to consent to the marriage’s terms and conditions before interpreting the Nikahnama. It observed that in a predominantly patriarchal society, the terms and conditions were typically dictated by men on the bride’s behalf. Hence, if someone else completed the Nikahnama without the bride’s meaningful consultation, it cannot prejudice her interests.
In cases of ambiguity or uncertainty within the Nikahnama’s terms and conditions or any entry, the judgment decreed that the wife shall receive the benefit. The Supreme Court upheld the high court’s decision and dismissed the appeal.