AIDWA

MODEL NIKAHNAMA FROM AIDWA

Nikahnama

 

Name of husband:                                                   Name of wife:                        
Date of Birth:                                                          Date of Birth:
Whether presently married:                                    Whether presently married:
Address:                                                                  Address:

Name of witness (1):                                               Name of witness (2):
Date of Birth:                                                          Date of Birth:   
Address:                                                                  Address:

Date of Nikah:
Venue of Nikah:
Name of Nikah performer:
Address of Nikah performer:
Post:                                             Block / Mandal / Taluka:                  
District / State:
Date as per Hijra calendar:
Date as per Christian Calendar:

Particulars to which the Nikah-performer must attend to are:

  1. That there should not be any subsisting marriage of either spouse.
  2. That both the parties should be 18 years of age.
  3. That no dowry is being given or taken in the marriage.
  4. That there should be no relationship of prohibited degree between the bridegroom and the bride

Signature of Nikah-performer

 

The nikahnama records that on this ….day of….. the parties hereunder, namely ……(hereafter referred to as the husband) and….. (hereafter referred to as the wife) have orally contracted and solemnized their nikah by ceejab and qabool in the presence of two witnesses on the terms and conditions hereafter appearing (which have been read out to and heard by those present).
The husband and wife both profess Islam.
1.
(i) The mahr due from the husband to the wife is fixed as follows:
Quantity:
Amount paid:
Amount payable on demand:
Amount deferred:
The mahr sum should be determined by using the prevailing Consumer Price Index.  

(ii) The husband undertakes that neither he nor any of his relatives or friends will apply any physical, social, psychological or economic pressure on the wife to relinquish the mahr amount or decrease it.

2. The husband gives up his right to pronounce talaq by the mode of talaq ul bain including ‘talaq ul biddat.

3. The husband undertakes that he will not commit polygamy.

4. In case of a divorce or separation:

  • The husband will pay spousal and child support to his wife according to his status and capacity till the wife marries again.
  • The spousal and child support can be given as a lump-sum settlement also.
  • The spousal and child support will include food, clothing, lodging, medical, and educational expenses apart from other expenses.      
  • The factors to be taken into account while determining the spousal and child support will include the husband’s income, his lifestyle as it can be assessed by his assets and spending, the manner in which the parties lived together, the wife’s income, etc.
  • The child will ordinarily remain with the mother if he or she is less than twelve years old. After this age, the guiding principle for the custody of the child will be the best interest of the child.  

5. All moveable and immoveable property acquired by the parties, or either of them during the subsistence of the marriage shall be deemed to belong to both the parties.  In case of a divorce or separation the same shall be evenly distributed between both the parties.

6. Both the parties will be equal guardians of any children born from the marriage.

7. The wife shall possess and enjoy a delegated right and power of divorce (haq talaq ba tafwid) which is hereby granted irrevocably and unconditionally by the husband to the wife. In the event that she exercises this right, the husband will pay the mahr amount, give spousal and child support as stated in Para 3, return without delay her articles and gifts given during the marriage, and divide the assets as stated in Para 4 above. The terms regarding custody will also be as stated in Para 3 above.  

8. List of articles/ presents given to either or both parties are enclosed as an attachment.

 

Both the parties have read and understood the above terms and conditions and have signed it without any force, pressure or coercion, and while in possession of full faculties

Signature of husband                                                      Signature of wife

 

Signature of witness (1)                                        Signature of witness (2)
 

Signature of the Nikah performer

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