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GHULAM SHABBIR vs Mst — 2022 CLC 963 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 CLC 963 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
CLC
Parties
GHULAM SHABBIR vs Mst
Subject matter
Civil
Provisions referred to
S. 5

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

GHULAM SHABBIR VS Mst. ABBAS BIBI S.5, Sched.---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---Constitutional petition was dismissed.

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