MUHAMMAD AWAIS vs ZAHIDA PARVEEN S — 2024 CLC 2129 LAHORE-HIGH-COURT-LAHORE

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MUHAMMAD AWAIS VS ZAHIDA PARVEEN S.7---Nikahnama---Compensation in lieu of divorce---Legality---Petitioner/husband agreed to give 08 tolas gold ornaments and also pay Rs.500,000/- to respondent / wife as compensation in lieu of divorce as per column Nos.17 & 19 of Nikahnama---Respondent/wife instituted a suit for recovery---Courts below decreed the suit---Petitioner took a plea that he did not enter into nuptial tie with his free will, rather his thumb impression was obtained by force---Validity---Petitioner could not lead evidence as to obtaining of his thumb impression on the Nikahnama by force and undue influence by the respondent and the same even did not appeal to a prudent mind---Nikahnama was per se admissible in evidence and entries of the same had not been challenged by the petitioner before any forum---Entries of the Nikahnama had been proved by the respondent by producing oral as well as documentary evidence and petitioner could not lead evidence in rebuttal as his right to produce evidence was closed---High Court concluded that respondent had rightly been held entitled by the courts below to recover 8-tola gold ornaments from the petitioner as agreed by him at the time of Nikah with the respondent---High Court observed that in the Holy Quran in Surah Al-Baqra and Surah Talaq the delegation of right of divorce has been described in detail and S.7(1) of the Muslim Family Laws Ordinance, 1961, deals with the matter of Talaq---Husband has an absolute right to divorce his wife and in this respect, no condition is described in Shariah as well as in the codified law---Courts below had failed to adjudge the case on the point of compensation of Rs.500,000/- in lieu of divorce as per settled principles and norms---High Court in exercise of its revisional jurisdiction partially allowed the civil revision and set aside the judgments and decrees of the courts below to the extent of awarding compensation in lieu of divorce.

MUHAMMAD AWAIS vs ZAHIDA PARVEEN S — 2024 CLC 2129 LAHORE-HIGH-COURT-LAHORE

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