نکاح نامہ اور طلاق کے اوپر کسی قسم کی بھی شرائط نہیں لگائی جا سکتی
Автор: AFZAL KHAN JADOON LAW COMPANY
Загружено: 2026-01-14
Просмотров: 325
Holy Quran and Sunnah as well as provisions of Section 105 of the Code of Muslin Personal Law written by Dr.
Tanzeel-ur-Rehmar and Section 7 of the Ordinance empowers a
husband with an absolute right to divorce his wife and in this regard no condition is described in at Sharia as well as in the codified law. It is a
Duty of Court is firstly to decide the maintainability of the suit as per law and if suit is not maintainable then the proceedings of suit shall be set at rest infinitum as such like cases should be buried at the inception to save
the precious time of the Courts and public. 2024 Y L R 2680 [Lahore]
That the Section 7 of the Muslim Family Laws Ordinance, 1961, a
husband has an absolute right to divorce his wife and in this regard ro condition is described in the Sharia as well as in the Codified law. In this
regard, the Honorable Supreme Court of Pakistan in the case reported as Muhammad Bashir Ali Siddiqui v. Mst. Sarwar Jahan Begum and
another' (2008 SCMR 186) has also
"declared that the
condition/restriction on the right of a husband to divorce his wife. is illegal. The condition if any imposed in the Nikkahnama for the award of damages on account of alleged unjustified divorce is against the basic
principle of Islamic Law. The husband has a right to divorce his wife from his free will and no condition can be imposed in this regardi.
Reliance can also be placed on the cases titled as Mst. Zeenat Bibi v.
Muhammad Hayat and 2 others (2012 CLC 837) and Muhammad
Asif v. Mst. Nazia Riasat and 2 others (2018 CLC 1844).
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