LAHORE: The Lahore High Court (LHC) has held that a bride cannot be deprived of her right by interpretation of the clauses of Nikahnama (marriage agreement), incoherent with intention of both the parties.
The court passed this order in a petition of Samira Bibi challenging the decision of a sessions’ court which declared that the petitioner is entitled to recover Rs 1600000 instead of the land mentioned in a column of the Nikahnama. The respondent had undertaken to give a piece of land measuring two acres to the petitioner which had value of Rs 1.6 million at the time of marriage.
The court observed that the appellate court has hardly made any effort to reach to the correct intention of the parties and properly interpret the clause.
The court; therefore, remanded the matter to the appellate court where it will be deemed pending.
The court observed that it is foremost duty of the courts dealing with disputes arising out of the terms entered in a Nikahnama to ascertain the true intent of the parties and to give effect thereto accordingly, and not be limited and restricted by the heading of the particular column wherein those terms are mentioned.
The question regarding the intention of the parties relating to dower agreed between them is to be determined on the settled principles and not on the basis of titles or headings of the columns of the prescribed Nikahnama, which are neither conclusive nor sacrosanct, the court added.
The court observed that any ambiguity in a contract is to be resolved by ascertaining the real intention of the parties and the contract has to be read as a whole, and the court cannot imply something that is inconsistent with the expressed terms, the court added.
Even when the parties have equal bargaining strength the objective test of interpretation is to be applied, which a reasonable man who is not party to the contract would derive from a bare reading of that term, the court observed.
The court citing a case said that the Supreme Court had observed that crucial aspect of social and cultural norms prevalent in the society should be kept in view, which prevent bride from her freedom to settle the terms and conditions as a person having an informed understanding of her right. This necessitates the courts to satisfy while interpreting the contents of clauses of Nikahnama, that the wife, at the time of its execution, understood the same and was informed of her right, the court added.
Copyright Business Recorder, 2026