MOST RANKING QUESTION
ENTRIES IN NIKAHNAMA
REGISTRATION OF NIKAHNAMA
NIKAHNAMA AS LEGAL DOCUMENT
NIKAHNAMA
The nikahnama is a written document that two Muslim partners entering into a civil union must put their signature on in order to legalize their marriage. Under the Muslim Law Ordinance 1961,
it is the legal evidence of said union and lays out the rights and obligations agreed upon by
the bride and groom.
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 the performance of Nikah being close relatives and interested witnesses
who could not be terms as Adil witnesses. statement of such witnesses is 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.
ENTRIES IN NIKAHNAMA
COLUMN 16 OF NIKAHNAMA
Gold ornament mentioned in serial no.16 of Nikah Nama
Word "DOWER" employed in S.10(4) of 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 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 which 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.
Column 19 in 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 wife to recover anything
from her husband on the basis of another agreement restricting the right of divorce of her husband.
NIKAHNAMA AS LEGAL DOCUMENT
Nikahnama validly registered under the law is a public document. where the execution of nikahnama
is disputed, same cannot be treated as a legal document. If marriage is questioned on the ground of fraud
misrepresentation, the remedy would not available with the Family Court, but with the court of general jurisdiction
REGISTRATION OF MARRIAGE
SOLEMNIZED MARRIAGE U/5 OF FAMILY LAW ORDINANCE 1961
S.5(1) Every marriage solemnized under Muslim Law shall be registered in accordance with the provisions of this ordinance.
S.5(2) For the purpose of registration of marriage under this ordinance, the union council shall grant licenses to one or more persons, to be called 'NIKHA REGISTRARS'.
S.5(3) Every marriage not solemnized by Nikah Registrar shall, for the purpose of registration under this ordinance, be reported to him by the person who has solemnized such marriage.
S.5(4) Whoever contravenes the provisions of sub-section (3) shall be punishable with simple imprisonment for a term which may extend to three months, or with a fine which may extend to one thousand rupees, or with both.
5. (5) The form of Nikahnama, the register to be maintained by Nikah Registrars, the record to be preserved by union councils, the manner in which marriages shall be registered and copies of nikahnama shall be supplied to the parties, and the fees to be charged therefor, shall be such as may be prescribed.
S.5(6) Any person may, on payment of prescribed fee, if any, inspect at the office of union council the record preserved under sub-section 5, or obtain a copy of any entry therein.