If the Nikah Nama was written at that time and it was signed in the same Majlis, then it will be presumed that the same was stated to the lady and the proposal and acceptance were there regarding dower, which has been mentioned in Columns No.13 & 14 of the حاکن ترپ.

2021 LHC 3440

The ingredients of Nikah are proposal and acceptance in one Majlis in presence of the witnesses and with the fixation of Haq-ul-Mehr. لثم Misle Dower may be fixed ۔ That is based on custom that in some families the dower is fixed according to the customs of the families and even if it is not fixed in specific words at that time, then at the time of Nikah the word used is that لثمرہملا قح ضوعل اب and the proposal and acceptance are made with the same words. Now it was for the petitioner to prove that the proposal of رہملا قح mentioned in Column No.14 was neither offered by the petitioner nor it was proposed before the lady for the acceptance of the Nikah. Therefore, this entry was not valid and it cannot be termed as dower. This is custom rather mandatory that dower is always fixed between the parties prior to the solemnization of Nikah and it is to be proposed and accepted in presence of the witnesses in the same Majlis. Oral Nikah is also valid with all these conditions. If the Nikah Nama was written at that time and it was signed in the same Majlis, then it will be presumed that the same was stated to the lady and the proposal and acceptance were there regarding dower, which has been mentioned in Columns No.13 & 14 of the حاکن ترپ. Since all the witnesses of the Nikah have singed over Exh.P.1 within the same Majlis at the same time immediately after the Nikah and they did not object at any of the entry at that time and even afterwards till the petitioner filed the suit on 9.11.2019 for cancellation of the entries of Exh.P.1, it will be presumed that the said columns were duly filled in at that time in the same Majlis at the time of Nikah and it was a valid رہملا قح. The petitioner was unable to prove the allegation that it was neither mentioned at the time of pronouncement of Nikah nor it was written at that time in the same Majlis.

The right of divorce is given by the Almighty Allah. However, Allah Almighty does not like the act of divorce. I would like to quote the references from the Holy Quran and from some very eminent case laws. In the Holy Quran in Surah Al-Baqra and Surah Talaq the delegation of right of divorce has been described in detail. Similarly, section 7(1) of the Muslim Family Laws Ordinance, 1964 deals with the matter of Talaq. The provision of section 105 of the Code of Muslim Personal Laws also certain this thing that a husband has an absolute right to divorce his wife. In this regard no condition is described in Sharia as well as in the codified law.

W.P. No.32191 of 2021
Mujahid Kamran VERSUS Mst. Saira Aziz etc.
2021 LHC 3440