If the terms of the marriage contract are ambiguous, the benefit will be to the bride, a major decision of the Supreme Court – Pakistan

The Supreme Court has said that the bride has complete freedom to express her consent before setting the terms and conditions in the marriage contract. Ga, the Supreme Court issued a decision.

A 2-member bench of the Supreme Court comprising Justice Aminuddin Khan and Justice Athar Minullah issued a detailed decision on the issue of determining the right of the bride for the plot mentioned in the marriage certificate. The 10-page decision was written by Justice Athar Minullah. What did

According to the decision, if there is ambiguity or doubt in the terms and conditions of the marriage contract or any entry or column, then the wife will get the benefit.

The detailed judgment said that if the columns of the marriage certificate are filled by someone else without meaningful consultation of the bride, it cannot be used once morest the interest of the bride or once morest her rights, it is settled law that there is any ambiguity in the contract. So it is determined by the original intention of the parties.

The judgment further said that before interpreting the terms and conditions of the marriage contract, the courts should also take into consideration whether the bride had full freedom to express her consent before the terms and conditions were fixed in the marriage contract.

The Supreme Court clarified the difference between annulment of marriage and Khula, the woman will not lose dowry

The Supreme Court in a written judgment held that any ambiguity cannot be used once morest the wife unless it is tested on the principle of balance of probabilities.

Remember that in 2022, the Lahore High Court gave a decision in favor of a woman named Huma Saeed, who married Muhammad Yusuf in May 2014.

Muhammad Yusuf divorced his wife Huma Saeed in October 2014, later challenging the decision in the Supreme Court on the grounds that the plot mentioned in column 17 of the marriage certificate cannot be given as dowry or gift. .

Request for copies of judgments in civil cases in special courts

The petitioner pleaded that column No. 17 headed ‘Special Conditions’ is distinct from the other columns, which are specifically provided for the purposes of fixing the conditions of dowry.

In his written statement before the Supreme Court, Muhammad Yusuf pleaded that the plot was for construction of a house and his wife was to live there for the duration of their marriage.