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MST. FAKHRA JABEEN vs WASIF ALI — 2026 PLD 20 SUPREME-COURT

Case information

Citation
2026 PLD 20 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2026
Reporter
PLD
Parties
MST. FAKHRA JABEEN vs WASIF ALI
Subject matter
Family
Provisions referred to
S. 5---N

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

MST. FAKHRA JABEEN VS WASIF ALI. S. 5---Nikahnama---Terms and conditions---Interpretation---"Whether, in cases of ambiguity, the rights recorded in the relevant columns should be interpreted in favour of the husband on the ground that he bears the financial liabilities?"---Held: Such an understanding is contrary to the concept and the fundamental principles relating to a Nikah i.e. a marriage contract---Law enforced in Pakistan relating to marriage contracts explicitly recognizes the rights of both the parties, the bride and the groom, to give free consent in order to enter into a contractual bond of marriage and the freedom to negotiate and settle the terms and conditions---Both the contracting parties must have informed understanding of their respective rights and the entries which are required to be recorded in the Nikahnama---Court, while deciding a dispute and interpreting the terms and conditions of the parties, has to take into consideration whether the free consent or free will of the parties was compromised on account of the attending circumstances, such as cultural and social influences.

Other judgments reported in 2026 PLD

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