Pronouncement of divorce by husband—Conditions—Scope—Entry in Nikahnama—Effect

2018 C L C 1844
[Lahore (Rawalpindi Bench)]
Before Mirza Viqas Rauf, J
MUHAMMAD ASIF—-Petitioner
Versus
Mst. NAZIA RIASAT and 2 others—-Respondents

Suit for recovery of amount on account of divorce—Pronouncement of divorce by husband—Conditions—Scope—Entry in Nikahnama—Effect—Petitioner/ex-husband contended that both the Courts below had wrongly granted dower to respondent/ex-wife as no condition could be attached to the right of husband to divorce his wife—Respondent/ex-wife contended that she was entitled for recovery of Rs. 100,000/- as incorporated in Column No. 19 of Nikahnama—Validity—Islam provided right to the husband to divorce his wife free from any encumbrance and such right could not be abridged with conditions, as the relationship between husband and wife could continue only with their free consent and tie of marriage was beyond any restrictions—In the present case, marriage was dissolved, by a divorce deed by the husband without intervention of the Court—Claim of the wife solely rested upon the entry in Nikahnama, which in no way could override the Injunctions of Islam—Both the Courts below had erred in law while holding wife entitled to claim Rs.100,000/- on account of divorce—High Court set aside impugned judgments passed by two Courts below—Constitutional
petition was allowed accordingly.

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