Section 111. Power of Court to set aside and prevent dispositions intended to defeat claims to maintenance. (ISLAMIC FAMILY LAW ENACTMENT 1992

ENACTMENT NO. 15 OF 1992
ISLAMIC FAMILY LAW ENACTMENT 1992

PART VII - GUARDIANSHIP HADANAH OR CUSTODY OF CHILDREN
Other Reliefs

Section 111. Power of Court to set aside and prevent dispositions intended to defeat claims to maintenance.

(1) Where –

(a) any matrimonial proceeding is pending; or

(b) an order has been made under section 58, 62 or 75 and has not been revoked; or

the Court shall have power on application –

(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 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 this section shall be punishable as a contempt of Court.