PERFORMANCE OF NIKAH, ENTRIES IN NIKAH NAMA,NIKAHNAMA- A PUBLIC DOCUMENT,COLUMN 19 NIKAHNAMA

 

PERFORMANCE OF NIKAH

NIKHA NAMA

ENTRIES IN NIKAH NAMA 

Under Islamic Law, Nikah can be performed orally and such a Nikah is not invalidated merely because it is not registered, according to Muslim Family Laws Ordinance, 1961. 

however, that Ordinance provides a punishment if one contravenes the provisions regarding the registration of Nikah.

witnesses deposing in favor of performance of Nikah being close relatives and interested witnesses

who could not be terms as Adil witnesses. statement of such witnesses not reliable. 

Nikah must be read as a whole and must be given effect to the intention of its maker and the contents to be interpreted in accordance with intent and purpose as being conveyed by entries made in the document. 

No word can be added, engrafted, subtracted, or omitted while interpreting the document.

When the document itself is unambiguous, putting up its language with a speculative opinion or using surrounding circumstances in order to portray the instrument as different in nature is not 

punishable in law.

All the words to be read in the context of the rest of the document and give them their simple or ordinary 

meaning.

NIKAHNAMA- A PUBLIC DOCUMENT

The legislature has provided that FOUR copies of NIKAHNAMA should be prepared to be kept

by Registrar of Nikah, the Second one to be sent concerned Municipal Corporation, Municipal Committee, or Union Committee as the case may be, THIRD copy is to be supplied to the bride

and FOURTH one to the bridegroom. 

HIKAHNAMA validly registered under the law is a public document. Where execution 

of NIKAHNAMA is disputed, the case cannot be treated as a public document. 

If marriage is questioned on the ground of FRAUD or MISREPRESENTATION, the remedy would not be available with the Family Court, but with the Court of general jurisdiction. 

NIKAHNAMA being a public document and execution of which is verified by Nikah Registrar 

who is a public officer, even a certified copy may be produced in proof of its contents and in the 

absence of any  rebuttal same holds ground without requiring the production of witnesses to prove 

the same.

COPY issued by Nikah Registrar or Security of union council is admissible in EVIDENCE.

Matters involving Nikah between the parties should be resolved by the Family Court and not by police.

For cases pertaining to custody of children, courts were not supposed to go into technicalities of law and should decide the case keeping in view the facts and circumstances of each case, mainly taking

into consideration the welfare of the child.

ENTRIES IN NIKAHNAMA

Entries relating to alienation of property in lieu of dower does not make it an instrument of 

document of transfer of property but merely as a record of it. Document of NIKAHNAMA 

coupled with the evidence of the person who solemnized such NIKAH and witnessed all 

the recitals contained therein would be sufficient in the ordinary course to prove the factum 

of alienation of property unless there is a strong rebuttal of it.

COLUMN 19 NIKAHNAMA

column 19 of NIKAHNAMA provides for mentioning restrictions, if any, on the right of a husband to divorce. A line drawn in this case against column 19 does not disentitle the wife to recover 

anything from her husband on the basis of another agreement restricting the right of divorce of husband