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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; Muslim Family Laws Ordinance

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. Ss. 5(2a), 5(3) & 5(4)(i)---Form of Nikahnama---Correctness of entries---Duty of Nikah Registrar---Scope---Failure to perform such duty---Effect---Correctness of the entries also depends on the competence, knowledge and experience of the licensed Nikah Registrar---Nikah or marriage contract may have been performed in the absence of a licensed Nikah Registrar as is contemplated under S. 5(3) of the Muslim Family Laws Ordinance, 1961 (Ordinance)---Subsection (2a) was inserted in S. 5 of the Ordinance through the Muslim Family Laws (Amendment) Act, 2015, in the Province of Punjab, which makes it a mandatory duty of the Nikah Registrar or any other person who solemnizes the nikah to 'accurately' fill all the columns of the Nikahnama form with the specific answers of the bride or the bridegroom---Failure to fulfill this onerous obligation attracts penal consequences which have been expressly provided under S. 5(4)(i) of the Ordinance---Headings and expressions used in the prescribed form are, therefore, not free from being misconstrued and grossly misinterpreted, particularly if the Nikah Registrar or any other person solemnizing the Nikah lacks experience, knowledge or proper understanding of the principles governing the marriage contract.

Other judgments reported in 2026 PLD

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