Lahore High Court rules marriage contract doubt must benefit wife

The Lahore High Court (LHC) on Friday clarified an important legal principle in a dispute concerning the transfer of land as Haq Mehr, ruling that any ambiguity or doubt in a marriage contract should be interpreted in favour of the wife.

According to the 24NewsHD TV channel report, LHC's Justice Sultan Tanveer Ahmad issued a four-page judgement while hearing a petition filed by Samira Bibi. 

The court observed that a Nikahnama is a civil contract and that its clauses must be interpreted in accordance with the true intentions of the parties involved.

The judgement stated that courts have a duty to determine the actual intention of the contracting parties rather than relying solely on the wording of individual columns in the marriage certificate.

The court further noted that, due to social customs and traditions, many brides may not fully understand their legal rights at the time of marriage.

The court held that where it cannot be established that a woman was properly informed about her rights, the benefit of any doubt should be given to her. 

The LHC judgement emphasised that this approach is necessary to protect the rights of women in [the documented] matrimonial agreements.

The court also set aside a decision by an appellate court that had awarded the petitioner Rs1.6 million instead of the land mentioned in the marriage contract. 

According to the Nikahnama, specifically Column 16, the groom had undertaken to transfer two acres of land to the bride as her Haq Mehr.

Justice Sultan Tanveer Ahmad observed that the appellate court had failed to make a proper effort to determine the true intention of the parties when interpreting the agreement. 

The Lahore High Court remanded the case to the appellate court for fresh proceedings in light of the legal principles outlined in the judgement.

Reporter: Malik Ashraf