A recent Peshawar High Court case clearly shows how judges use Nikahnama legal evidence to protect women’s rights. The court treated the marriage contract as strong legal proof for dower and maintenance claims. This decision helps us understand how marriage documents work in family law cases.
Courts Treat Nikahnama as Complete Legal Package
The husband in this case tried to accept some parts of the Nikahnama while rejecting others. However, the court firmly stated that parties cannot pick and choose which terms to follow. When someone admits the Nikahnama exists, they must accept all its recorded terms. The court examines the entire document as a complete legal agreement.
Unchallenged Statements Become Strong Evidence
The wife clearly stated that her husband promised a four-marla plot as dower. Importantly, the husband never questioned this claim during court proceedings. Therefore, the court treated this unchallenged statement as admitted evidence. This legal principle makes uncontested claims into established facts.
Cross-Examination Can Create Binding Admissions
During the trial, the husband himself admitted owing gold as dower while questioning witnesses. The court noted that cross-examination works both ways. While testing evidence, parties can make statements that work against their own case. These admissions then become crucial evidence that judges consider seriously.
Maintenance Rights Continue During Marriage
The wife sought maintenance after leaving home, while the husband claimed she left willingly. However, evidence showed the husband had married again and refused reconciliation. The court maintained that maintenance remains compulsory while the marriage continues. Since the wife remained legally married, the husband’s financial responsibility continued.
Proper Documentation Protects Your Rights
This case teaches us that proper documentation matters greatly in marriage. Always ensure all agreements go into the Nikahnama clearly. Understand that courts take these entries very seriously. Remember that unchallenged claims can become binding. Also know that maintenance rights continue despite marital problems.
Legal System Upholds Marriage Contracts
The judgment demonstrates that Pakistani courts consistently enforce Nikahnama terms using standard evidence rules. Judges treat marriage contracts as serious legal documents rather than simple formalities. The system ensures that written promises, especially about dower and maintenance, receive proper legal protection through careful judicial examination.
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