Nikkah Judgments

 

2021 LHC 9385

Writ Petition-3075-21
EJAZ IQBAL VS ADJ ETC.
Mr. Justice Anwaar Hussain
23-11-2021

There is no cavil to the proposition as it has become a stone-etched legal position that nikahnama, being a public document carries with it presumption of truth as has been held by the superior courts in catena of judgments; however, such presumption of truth is available to the first and fourth pert of the nikahnama which are kept with the Nikah Khawan (in original register of nikahnamas) and forwarded to the Union Council concerned, in accordance with law, respectively, as these two pert are kept in the official custody.

2017 CLC NOTE 16

اگر نکاح نامہ میں یہ واضح نہ ہو کہ حق مہر معجل تھا یا غیر معجل تو یہی سمجھا جائے گا کہ جب بیوی چاہے اپنا حق مہر لے سکتی ہے 

2005 YLR 156

اگر دو نکاح نامہ ہوں اور دونوں ہی رجسٹرڈ ہوں تو بیوی جس نکاح کو تسلیم کرے گی وہی نکاح سچا شمار ہو گا

2003 Cri LJ 2540 (SC)

Case : Amina Vs. Hassan Koya
Citation : 2003 (7) SRJ 216

حاملہ عورت کے ساتھ نکاح باطل یا غیرقانونی نہیں ہے۔

Muslim law, Marriage with pregnant woman not void or illegal.*_

Plea that husband was not aware of pregnancy at the time of marriage was not tenable because pregnancy could not be concealed specially when it was five months old, hence such marriage was not void or illegal. Apart from it the husband had accepted pregnancy and marriage. When child was born four months after the marriage, husband had continued with such marriage for 4 & 1/2 years and gave his name to child. Held that when husband had divorced his wife after 4 & 1/2 years, he could not refuse to pay maintenance to wife on the grounds that marriage was void and child was not his child.