Ambiguous terms in Nikah can’t be used against bride, rules SC

In a landmark decision, the Supreme Court of Pakistan has ruled in favor of granting women greater autonomy and freedom in expressing consent within marriage contracts.

The ruling, issued by a two-member bench comprising Justice Amin-ud-Din Khan and Justice Athar Minallah, highlights the significance of ensuring clarity and understanding in the terms and conditions outlined in marriage contracts.

The verdict, authored by Justice Athar Minallah, highlights that prior to finalizing the terms and conditions of a marriage contract, brides have all the rights to express their consent freely. It emphasizes that any ambiguity or uncertainty found within the contract, including entries or columns, shall be interpreted to benefit the wife.

The decision establishes a legal precedent, affirming that in cases of contractual ambiguity, the original intentions of both parties should guide interpretation. Moreover, the courts are directed to ascertain whether the bride had complete autonomy in expressing her consent before clarifying the terms of the marriage contract.

Crucially, the ruling prohibits the use of clauses within the contract that are completed without meaningful consultation with the bride, safeguarding her rights and interests.

Furthermore, the court ruling elucidates that until the principle of balancing opportunities is thoroughly examined, ambiguity cannot be exploited against the bride. It acknowledges the prevailing societal norms where terms and conditions of marriage contracts are predominantly determined by men.

The case prompting this significant ruling involved a dispute arising after the dissolution of a marriage between the husband and wife. The woman sought the return of dowry and other belongings as stipulated in the marriage contract. Upon reaching the High Court, it was decided that the woman should be granted the property mentioned in column number 17 of the marriage contract. Subsequently, an appeal was filed, contesting this decision, which was ultimately dismissed by the Supreme Court.

This verdict not only ensures women's rights within the institution of marriage but also sets a precedent for greater gender equality and empowerment within the legal framework of Pakistan.