The Supreme Court on Wednesday ruled that ambiguous terms in the ‘Nikah Nama’ (marriage contracts) could not be used against women.
“The bride has full freedom to express her consent before the terms and conditions are fixed in the marriage contract. If there is ambiguity or doubt in the terms and conditions of the marriage contract or in any entry or column, then the benefit will be given to the wife,” the court observed.
The SC ruling said,”If the marriage certificate is filled by someone else without meaningful consultation of the bride, it cannot be used against the bride.
“It is settled law that if there is any ambiguity in the terms, it will be determined by the original intention of the parties.”
The SC said that the courts should keep the points in mind while interpreting the terms and conditions of a marriage contract. It should be seen whether the bride had full freedom to express her consent before fixing the terms and conditions in the marriage contract.
