Dower (mehr)---Entries in columns of the Nikah Nama---Interpretation---Free consent of the bride and her freedom to settle the terms and conditions of the Nikah Nama---Significance--

 Dower (mehr)---Entries in columns of the Nikah Nama---Interpretation---Free consent of the bride and her freedom to settle the terms and conditions of the Nikah Nama---Significance---Courts, while interpreting the contents and terms and conditions of a Nikah Nama, also have to take into consideration the factor of free consent of the bride and her freedom to settle the terms and conditions as a person having an informed understanding of her rights---This is crucial in the context of the social and cultural norms generally prevalent in the society---If an ambiguity or doubt arises in relation to the terms and conditions of the Nikah Nama, an entry or column thereof, then the benefit ought to go in favor of the wife if there does not exist preponderance of evidence on record to establish that she had been informed of her rights, she understood each column of the Nikah Nama, and she had the freedom to negotiate and settle the terms and conditions out of free consent---In case the columns of the Nikah Nama have been filled by others without her meaningful consultation then a doubt or ambiguity cannot be interpreted against her rights or interests---It is implicit in the expression ''free consent'' that the wife, at the time of executing the Nikah Nama, had the freedom to settle the terms and conditions as an informed person competent to enter into a contract---Paternal tendencies of the society and dominance of the male members in relation to deciding the terms and conditions on behalf of the bride has generally been accepted as a cultural and social norm of the society---It places a bride in a disadvantageous position, inevitably adversely affecting her capacity to execute the contract with free consent---Weakness or creation of an ambiguity in a Nikah Nama cannot be interpreted against the interest and rights of a wife if it cannot be established that she had the freedom to settle the terms and conditions and had exercised her free will.

2024 SCMR 1078
MUHAMMAD YOUSAF vs HUMA SAEED