| Citation(s) |
|---|
| 2026 SLG 1860 2026 SLD 1860 |
Islamabad High Court
W.P. No.4233/2021
Presented By: (ARBAB MUHAMMAD TAHIR) JUDGE
Petitioners by In W.P. No.4233/2021 In W.P. No.672/2023 In W.P. No.322/2022 : : : Mr Jamil Hussain Qureshi, Advocate. Mr Nawazish Ali Gondal, Advocate Mr Jamshed Ahmed, Advocate. Ms Faiza Sultan, Advocate. Ms Hublul Wareed, Advocate. Mr Faisal Iqbal Khan, Advocate. Ms Farzana Faisal, Advocate. Mr Azhar Yousaf, Advocate In W.P. No.1906/2023 : Syed Ishfaq Hussain Naqvi, Advocate. Mr Muhammad Ali Haider, Advocate. Ms Hijab E Zainab, Advocate. Ms Jowaria Tariq, Advocate. Ms Zain Hyder Malik, Advocate. Date(s) of Hearing : 24.06.2025
W.P. No.4233/2021
Presented By: (ARBAB MUHAMMAD TAHIR) JUDGE
Petitioners by In W.P. No.4233/2021 In W.P. No.672/2023 In W.P. No.322/2022 : : : Mr Jamil Hussain Qureshi, Advocate. Mr Nawazish Ali Gondal, Advocate Mr Jamshed Ahmed, Advocate. Ms Faiza Sultan, Advocate. Ms Hublul Wareed, Advocate. Mr Faisal Iqbal Khan, Advocate. Ms Farzana Faisal, Advocate. Mr Azhar Yousaf, Advocate In W.P. No.1906/2023 : Syed Ishfaq Hussain Naqvi, Advocate. Mr Muhammad Ali Haider, Advocate. Ms Hijab E Zainab, Advocate. Ms Jowaria Tariq, Advocate. Ms Zain Hyder Malik, Advocate. Date(s) of Hearing : 24.06.2025
Yasmeen Bibi
VERSUS
Zeeshan Ali and others
Law: Muslim Family Laws Ordinance, 1961
Section: 5(1), 8
Law: West Pakistan Family Courts Act, 1964
Section: 5, 9
Law: Constitution of Pakistan 1973
Section: 199
Tagline Financial Conditions on Divorce in Nikahnama are Valid and Enforceable: Special financial stipulations agreed upon in Column 17 of the Nikahnama (such as a specified payment upon divorce) do not legally or un-Islamically restrict a husband's right to pronounce divorce. Instead, they constitute binding terms of a civil contract that fall within the exclusive jurisdiction of the Family Court as the personal property of the wife. Summary 1. Factual Background The Islamabad High Court adjudicated two sets of consolidated writ petitions: W.P. No. 4233/2021 & W.P. No. 322/2022 (Zeeshan Ali v. Yasmeen Bibi): The parties married in 2019 and divorced in 2020. Column 13 of the Nikahnama stipulated the dower, while Column 17 mandated that in the event of divorce, the husband must pay Rs. 500,000 to the bride. Upon divorce, the wife filed a suit for recovery. The Family Court and Appellate Court dismissed her claim for the Rs. 500,000, holding that such a condition un-Islamically restricted the husband's right to divorce. Both parties filed cross-petitions. W.P. No. 672/2023 & W.P. No. 1906/2023 (Muhammad Ismail v. Syeda Bint-e-Zehra): The Nikahnama columns referred to an external agreement (Iqrarnama) granting the wife joint ownership of a house/plot in B-17, Islamabad. Following their divorce, the wife sought recovery of the property. The lower courts partially decreed the suit, declaring her a joint owner of the property based on the Iqrarnama. Both parties filed cross-petitions. 2. Core Legal Issues Do financial conditions in Column 17 of the Nikahnama payable upon divorce unlawfully restrict the husband's right to divorce under Islamic Law? Does the Family Court possess the jurisdiction to adjudicate financial undertakings or property rights recorded in columns other than Column 13 of the Nikahnama? Are the column headings in the Nikahnama form absolute, or must they be interpreted in light of the actual intentions of the parties? 3. High Court's Holdings & Reasoning Validity of Divorce-Linked Financial Conditions: The High Court held that the Nikahnama is a binding civil contract governed by free…