
The Supreme Court said in the decision regarding the right of dowry and marriage certificate that even if the property is not transferred, the right of dowry of the wife will not be lost.
According to the Supreme Court, if the property cannot be transferred as a dowry, the husband will not be released from the responsibility, the husband will have to pay the fixed price of the property to the wife.
According to the Supreme Court, if the price is not mentioned in the marriage certificate, the court can determine the market value.
According to the Supreme Court, the right of dowry is not the price of the wife or commercial compensation for marriage, the right of dowry is a mandatory, exclusive and enforceable financial right of the wife.
According to the Supreme Court, marriage comes into existence by consent, Nikah Nama is its official record, Nikah Nama is the primary documentary proof of the marriage contract.
According to the Supreme Court, the legal presumption of marriage certificate is not conclusive, can be rebutted by strong evidence, in case of ambiguous or contradictory entries, the court can look at other admissible evidence.
According to the Supreme Court, Columns 13 to 16 of the Marriage Deed will be read in a coherent manner, Column 13 may include the dowry in the form of cash or property. Column 14 deals with the types of mahr and column 15 deals with the mahr paid, column 16 will contain the details of the property given in lieu of mahr.
Supreme Court Justice Shahid Bilal Hasan agreed with the judgment and wrote a separate additional note. In which it is written that the intention of the parties should be determined mainly by the marriage certificate.
Justice Shahid Bilal Hasan said that subsequent oral claims should not be given priority over Nikah Nama, Nikah Nama is a mandatory legal form, each column has a separate purpose, the marriage registrar should complete all the relevant columns carefully.
In his additional note, Justice Shahid Bilal Hasan said that if the property is in the form of mahar, full details and price should be entered, important conditions should be read out to the parties before signing, no column should be left blank.
Justice Shahid Bilal Hasan said separate benches will hear individual cases on merit. A four-member bench headed by Justice Shahid Waheed issued a detailed decision.