ENACTMENT NO. 8 OF 2004 ISLAMIC FAMILY LAW ENACTMENT 2004
PART VII - GUARDIANSHIP Other Reliefs
Section 106. 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(b) an order has been made under section 58, 60 or 74 and has not been revoked; or
(c) maintenance is payable under any agreement for or for the benefit of a wife or former wife or child,
(d) the Court shall have power on application-
i) if it 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 or her husband 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-
“property” means property of any nature, movable or immovable, and includes money.
“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;
(3) Failure to comply with an order made under this section shall be punishable as a contempt of Court.