Section 95. Power of Court of annul and prevent transfer meant to defeat maintenance claim. (ISLAMIC FAMILY ENACTMENT 1979

ENACTMENT No. 1 Of 1984
ISLAMIC FAMILY ENACTMENT 1979

PART VII - HADHANAH
OTHER RELIEFS

Section 95. Power of Court of annul and prevent transfer meant to defeat maintenance claim.

(1) If-

(a) in any proceeding between a husband and wife is still pending;

(b) an order is made under section 49 and not complied with;

(d) in a maintenance settlement payable under an agreement for the benefit of a wife or previous wife or child, the Court is empowered on application-

(i) if it is satisfied that any transfer of the property has been effected by the husband or previous husband or the mother or father for the person who effected or on his behalf has made the application within the three previous years with a view to reduce his ability to pay maintenance or muta'ah or to preclude his wife from any right relating to the property, to annul the transfer; or

(ii) if it is satisfied that a transfer is intended to be effected by a prohibitory order, to prohibit the transfer.

(2) For the purpose of this section-

"property" means any type of property, moveable or immoveable;

"transfer" includes any sale, gift, lease, pledge or any other dealing whereby the ownership or possession of the property is transferred or becomes encumbered but does not include any cash transaction or anything done of value to and for the benefit of a person who had acted bona fide and ignorant of the purpose of such transfer.