2022 C L C 24
(a) Muslim Family Laws Ordinance (VIII of 1961)---
----Ss.5 & 9---Nikahnama, contents of---Suit for recovery of maintenance/dower amount---Column No. 20 of Nikahnama---Entry of Rs.25,000/- as monthly maintenance allowance---Allegation of cruelty by husband---Petitioner/defendant claimed for restitution of conjugal rights and also filed a suit for cancellation of conditions/entries of Columns Nos. 14, 16, 17, 19 and 20 of Nikahnama on the ground that the same were illegal and incorporated without his consent in deceitful manner---Family Court partially decreed the respondent's suit to the extent of entitlement of the recovery of maintenance at rate of Rs.25,000/- per month with 10% annual increase from date of marriage till the date of judgment---Petitioner's suit was dismissed---Appeals filed by both parties were also dismissed---Validity---Wife could be justified in living separately if the husband treated her with cruelty or did not pay prompt dower---No disagreement or point of cruelty was quoted/proved by respondent other than the demand of dower---No particular point cited/proved by petitioner as to alleged disobedience except the allegation that respondent remained only one day in his house---Petitioner did not prove his version that columns of Nikahnama were afterwards filled in and were the result of forgery---All witnesses of Nikahnama admitted their signatures over the same---Petitioner had not proved that the copy of Nikahnama was not given to him at that time---Petitioner was bound to pay maintenance allowance according to column No.20---Case of respondent was based on column No.20, which could not be dealt with under the conditions of S.17A of the Family Courts Act, 1964---Neither the Court had to see the financial status of husband nor to fix the maintenance on the conditions mentioned in S.17A---Order as to 10% annual increase was not according to the spirit of Column No. 20 of Nikahnama---Date and Majlis of Nikah and signatures on Nikahnama by respective person were admitted---Execution of Nikahnama was proved by the respondent---Nikahkhwan, appearing as witness, had certified that all the columns were filled at that time with consent of parties---Presumption would be that the Nikah Pert (paper) was handed over to the petitioner on that very day which was requirement of law after the registration of the same in Union Council---Petitioner did not prove that the entries in the columns were not in his knowledge---Entries of column No. 19 limiting the absolute right of Talaq of the petitioner were against the spirit of the instructions of Almighty Allah, hence, declared void ab initio and not binding to the parties---High Court declared entries of Column No.19 as null and void---Constitutional petition was partly allowed.
(b) Muslim Family Laws Ordinance (VIII of 1961)---
----S.5---Nikahnama, contents of---Scope---Nikahnama is a very important document and it's all columns are legally binding on both the parties---Any right given through Nikahnama to woman is her right strictly protected by law---Woman may sue her husband regarding the past maintenance allowance on the basis of agreement in Nikahnama---All she has to do is to prove the execution of document/Nikahnama where such condition has been agreed between the parties.
(c) West Pakistan Rules under the Muslim Family Laws Ordinance, 1961---
----R.8(1)---Nikah---Proof---Witness, requirement of---Wakeel as witness---Apart from the spouses and their wakeel, if any, at least two witnesses are required to certify the proceedings of "Ijab o Qabool" and that should be conducted in one Majlis---Person who has been appointed as wakeel for the bride, cannot be the witness of Nikah---Wakeel has his specific identity as to accept the proposal on behalf of the bride---Nikahkhawan can also be the witness of the Nikah if he has also heard the "Ijab o Qabool" by himself.
(d) Muslim Family Laws Ordinance (VIII of 1961)---
----S. 5---Qanun-e-Shahadat (10 of 1984), Art. 79---Nikahnama, proof of---Execution of document---Anything which has been brought in writing, if it is witnessed by two persons and signed over the same, under S.79 of Qanun-e-Shahadat, 1984, that document is proved one and in case of denial from that, the person denying the same has to produce the cogent reasons and solid grounds.
(e) Muslim Family Laws Ordinance (VIII of 1961)---
----S.5---Nikahnama, contents of---Proof---Entries in columns---If Nikahnama was written at the 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 the Columns Nos. 13 & 14 of Nikahnama.
(f) Muslim Family Laws Ordinance (VIII of 1961)---
----S.7---Talaq, absolute right of---Islamic Law---Husband has an absolute right to divorce his wife---No condition is described in Shariah as well as in the codified law.
(g) Muslim Family Laws Ordinance (VIII of 1961)---
----S.5---Nikahnama, contents of---Injunctions of Islam---Anything contained in Nikahnama which is against the spirit of Islam or the orders of Allah and Prophet (peace be upon him) cannot bind the parties even if has been made with the consent of the parties.
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