15/1995 Civil Revision Muhammad Amin and others (Applicant) V/S Province of Sindh and others (Respondent)
Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author)
Order Date: 03-DEC-18
Although the marriage/Nikah itself is a contract but the parents cannot enter into contract for their sons and daughters (without their consent) which could bind them. If the sons and daughters of parents are minor, this would be an invalid contract and void ab initio, and if this is done by parents when they (son and daughter) are major and have consensual age then also they are not the ones to enter into such contract on their behalf. The concerned parties themselves are responsible for an agreement or a disagreement to enter into such contract, hence consequences of such consensus between the parents cannot end up in a penalty. On this count alone the alleged gift is invalid.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
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