Supreme Court Rules Divorce Cannot Turn Into Khula

The Supreme Court of Pakistan has ruled that a divorce claim cannot be converted into khula without the woman’s explicit consent. Earlier assessments by the Family Court and Peshawar High Court were declared legally flawed.

The apex court dissolved a marriage on the grounds of cruelty, not khula, and directed the husband to pay Rs1.2 million as the remaining dower. This ruling reinforced a woman’s legal rights in marital disputes.

The court also noted that the husband’s second marriage without his wife’s permission or mediation council approval violated Section 6 of the Muslim Family Laws Ordinance. The remarriage provided a valid legal ground for dissolution.

In addition, the court highlighted the husband’s failure to provide maintenance and instances of character assassination during cross-examination. These actions were recognized as legally falling under cruelty.

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The judgement clarified that a woman’s refusal to live with her husband cannot be considered disobedience under such circumstances. Her rights must be respected in line with the law.

Petitioner Naila Javed had filed for divorce on grounds of cruelty and other legal reasons. The Family Court, however, wrongly converted her petition into khula and ordered her to forgo the remaining dower.

The verdict was delivered by a bench comprising Chief Justice Yahya Afridi and Justice Musarat Hilali. Justice Hilali authored the judgement, firmly establishing that divorce claims cannot be converted into khula without a woman’s explicit consent.