April 24, 2024
Staff report
LAHORE:
In the case of determining the bride’s entitlement to a plot mentioned in nikkahnama, the Supreme Court has ruled that male family members deciding the terms of nikkah on behalf of the bride is “accepted as a cultural and social norm” but it puts her at a disadvantage in the later stages of marriage.
The order, released on April 23,2024, written by a two-member SC bench – comprising Justices Aminud Din Khan and Athar Minallah – upheld the 2022 judgment of the Lahore High Court (LHC) in favour of respondent Huma Saeed, who had married petitioner Mohammad Yousaf in May 2014.
Yousaf had challenged the LHC decision in the Supreme Court, on grounds that the said plot, in column 17 of the nikkahnama, cannot be interpreted as part of the dower or gift. He pleaded before the court that the plot was meant for the construction of a house, and his wife was to live in it for as long as their marriage lasted.
However, Justice Minallah, in his 10-page judgment, ruled that the description of the property, as mentioned in column 17, does not indicate nor support such a stance.
It added that the question before the bench was how to interpret the terms and conditions of a nikkahnama in case of any doubt and ambiguity. He wrote that the dower’s determination at the time of the execution of the nikkahnama must necessarily be guided by an informed understanding of the bride regarding her rights.
Further, he stated, that the “paternal tendencies” and “dominance of the male members” place a bride in a disadvantageous position, impacting her capacity to execute the contract with free consent.
The SC bench held that a nikkahnama is the deed of marriage contract entered into by two parties, thus the headings are not sufficient to determine the intention of the two parties in marriage.
Justice Minallah concluded that the court is sanguine that the LHC has correctly interpreted the columns of the nikkahnama and “no interference is required with the impugned judgment”.
Muhammad Yousaf and Huma Saeed had tied the knot on May 4, 2014. The nikkahnama was registered by the nikkah registrar under the Muslim Family Laws Ordinance, 1961. The respondent was the petitioner’s second wife. But their marital relations became strained and the marriage was dissolved Jan 18, 2014.