The Lahore High Court has ruled that a special oath on the Holy Quran cannot include a condition linking a false oath to the divorce of the oath-taker’s wife. Justice Anwaar Hussain issued the ruling while allowing a civil revision petition filed by Muhammad Azam Khan against Akhtar Khan and others.
The dispute arose in August 2023, when Khan offered to settle a pending civil case through an oath on the Holy Quran. However, he added a condition that the opposing party’s wife would stand divorced if the oath proved false.
Judge Says Condition Violated the Law
The opposing party expressed willingness to take the oath but rejected the divorce condition. Khan subsequently sought permission to withdraw his offer. The appellate court refused his request in September 2023. It decided that the oath could proceed without the disputed divorce clause.
However, Justice Hussain found that the appellate court had made a legal error. He explained that Section 8 of the Oaths Act, 1873, permits special oaths only when they do not conflict with justice or decency or affect third parties.
The judge held that making someone’s wife’s marital status depend on another person’s oath violated these legal limits.
Court Rejects Partial Acceptance of Offer
The court also examined whether the opposing party had accepted the original offer in full. It concluded that accepting the oath while rejecting its divorce condition did not amount to unconditional acceptance.
Justice Hussain observed that a court cannot remove an objectionable condition and enforce the remaining terms without the original proposer’s consent.
The judgment also noted uncertainty over the timing of the offer’s withdrawal and the opposing party’s stated willingness to take the oath.
Civil Dispute to Be Decided on Merits
The Lahore High Court set aside the appellate court’s order refusing to allow Khan to withdraw his offer. It directed the appellate court to decide the underlying appeal on its merits without treating the proposed oath as binding. The ruling clarifies that special oaths in civil disputes must comply with legal requirements and cannot impose consequences affecting unrelated third parties.
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