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Showing posts from July 6, 2024

Case law on Nikah nama.voluntary consent and her ability to negotiate the terms of the Nikah Nama

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The recent judgment (2024 SCMR 1078) highlights the significance of the bride's voluntary consent and her ability to negotiate the terms of the Nikah Nama (Islamic marriage contract). It underscores that any uncertainty or lack of clarity in the contract terms should not disadvantage the bride if it cannot be demonstrated that she was fully aware of her rights and freely participated in the negotiations. The court's decision reflects a departure from paternalistic norms and emphasizes the importance of empowering women in contractual matters, particularly in the context of marriage. It suggests that traditional male-dominated decision-making processes should not undermine a woman's capacity to enter into agreements with full autonomy. This interpretation is crucial given prevailing social and cultural norms, aiming to protect the bride's interests and ensure fairness in contractual agreements related to marriage. عدالتوں نے نکاح نامہ کی شرائط کی تشریح کرتے وقت دلہن کی آ...

Fine on challenge 17A family case order

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IN THE SUPREME COURT OF PAKISTAN (Appellate Jurisdiction) Present Mr. Justice Yahya Afridi Mr. Justice Amin-ud-Din Khan Mrs. Justice Ayesha A. Malik Civil Petition No.3155-L/2023 (Against the order dated 11.09.2023 passed by the Lahore High Court, Lahore in W.P.  No.47965/23) Shahzad Amir Farid ....Petitioner Versus Mst. Sobia Amir Farid and others ….Respondents For the petitioner:  Mr. Aftab Mustafa, ASC (via video link from Lahore) For the respondents: N.R. Date of Hearing: 30 April 2024 ORDER Yahya Afridi, J.- The petitioner has called in question the  impugned order dated 11.09.2023 passed by the Lahore High  Court, whereby his writ petition was dismissed.  2. The striking feature of the case is the contumacious failure of the petitioner to pay maintenance for his minor children as  fixed by the Family Court. The necessary facts are that Mst. Sobia  Amir Farid (respondent No.1) filed a suit for maintenance allowance  for herself and her minor ...