ISLAMIC FAMILY LAW ORDINANCE, 2001
PART VII - GUARDIANSHIP
Section 109. Power of Court to set aside and prevent dispositions intended to defeat claims to maintenance
(1) Where –
(a) any matrimonial proceeding is pending;
(b) an order has been made under section 56, 59 or 73 and has not been revoked; or
the Court shall have power on application –
(c) maintenance is payable under any agreement for or for the benefit of a wife or former wife or child,
(i) if it is satisfied that any disposition of property has been made by the husband or former husband or parent of the person by or on whose behalf the application is made within the preceding three years with the object on the part of the person making the disposition of reducing his or her means to pay maintenance or his means to pay mut’ah or of depriving his wife of any rights in relation to the property, subject to subsection (2), to require the person making the disposition to revoke the disposition; and
(ii) if it is satisfied that any disposition of property is intended to be made with any such object, to grant an injunction preventing the disposition.
(2) For the purpose of this section –
“disposition” includes a sale, gift, lease, mortgage, or any other transaction whereby ownership or possession of the property is transferred or encumbered but does not include a disposition made for money or money’s worth to or in favour of a person acting in good faith and in ignorance of the object with which the disposition is made;
“property” means property of any nature, movable or immovable, and includes money.
(3) Failure to comply with an order made under subsection (1) shall be punishable as a contempt of Court.
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