KABEEN NAMA
NIKAH NAMA
COLUMN NO 16,18,19
KABEEN NAMA is a marriage document usually drawn at the time of marriage stipulating
consideration of marriage.
It is not uncommon that marriage documents are drafted before the marriage ceremonies
take place but they are actually signed at the time when the ceremonies are held or thereafter.
therefore, the mere fact that the KABEEN NAMA was drafted before the Nikah ceremony
does not, by itself, justify a conclusion that it is not a genuine document. It is also not unusual
in Pakistan to increase the amount of dower originally fixed at the time of marriage. Sanctity
for this is provided in the Islamic Law. According to the Principle of Muhammadan Law by Mulla, the amount of dower can be fixed either before or at the time of marriage or after marriage and can
be increased after marriage.
COLUMN 16 OF NIKAH NAMA
Gold ornament mentioned in serial no.16 of Nikah Nama
The word "DOWER" employed in S.10(4) of the Family Court Act, 1964 has to be given its ordinary and plain meaning; and cannot be stretched to include bridal gifts are benefits other than the dower received
by the wife. Dower and bridal gifts or benefits other than the dower cannot be treated as synonymous.
Alleged gold ornaments were in addition to Haq Mehr/ Dower and not in lieu thereof and did not
form part of the dower, Gold ornament at Serial NO,16 of Nikah Nama are bridal gifts that cannot
be confused with dower and are not liable to be returned to the defendant on the ground of Khula.
COLUMN 18 OF NIKAHNAMA
A condition contained in column 18 of Nikahnama is not void under the provision of S.23 of contract Act, 1872 as the provision of contract Act, 1872 speak about the object and consideration
of the agreement and not condition contained therein.
COLUMN 19 OF NIKAHNAMA
Column 19 of nikahnama relating to any restriction, imposed on the husband's right to divorce
with a view to safeguarding the interest of the wife cannot be deemed unlawful.