- Sole ground to challenge Cl . 19 was the decree passed on the basis of Cl . 19 of Nikahnama , wherein parties had mutually agreed that in case of an unreasoned divorce , declared by petitioner to his wife , petitioner would provide gold ornaments / finances as specified therein -

 2022 CLC 963

Suit for recovery of alimony --- Nikahnama , Cl . 19 --- Scope --- Sole ground to challenge Cl . 19 was the decree passed on the basis of Cl . 19 of Nikahnama , wherein parties had mutually agreed that in case of an unreasoned divorce , declared by petitioner to his wife , petitioner would provide gold ornaments / finances as specified therein --- Contention of petitioner was that the condition imposed in the Nikahnama was contrary to the law and Islamic Injunctions --- Validity --- Financial benefits agreed mutually were in the nature of reasonable financial support for setting the wife free --- Nikahnama was a civil contract between the parties , both of which were at liberty to agree to the terms of arrangement --- Clause 19 , as available in Nikahnama , was not in the nature of absolute bar qua right to divorce --- Petitioner had divorced the wife , which manifested that no bar to divorce was imposed ---