Pakistan SC reinforces marital rights: Affirms right to Khula; women can divorce husband without consent

Pakistan’s Supreme Court, in a landmark ruling, has reinforced a woman’s right to dissolve her marriage through Khula—an Islamic provision that allows a woman to seek divorce independently.

The decision came after a woman challenged the Peshawar High Court ’s rejection of her dissolution request. The PHC had denied her petition, stating that her husband’s consent was necessary and that all efforts at reconciliation had not been exhausted.

The two-member bench, comprising Justice Ayesha A Malik and Justice Naeem Afghan, ruled that the PHC’s decision was incorrect and reinstated the Family Court ’s decree of dissolution. The court clarified that Khula is a voluntary right of the wife and cannot be made conditional upon the husband’s consent or judicial discretion.

Justice Malik, who authored the judgment, wrote, as quoted by PTI, “The Family Court's role is not to force a woman to stay in a marriage where there is no harmony or substance.”

The ruling also marks a significant step in recognising psychological abuse — including humiliation, neglect, intimidation, and emotional abuse — as valid grounds for seeking divorce under Islamic law. “Cruelty need not always manifest in physical violence,” the judgment stated. The court emphasised that mental cruelty can be as damaging as physical abuse, and a woman’s emotional well-being should be taken into account when assessing the viability of a marriage.

The Supreme Court criticised the patriarchal interpretations used by lower courts, which limited women’s agency and autonomy. It cited Articles 14, 25, and 35 of the Constitution, which guarantee dignity, equality before the law, and protection of the family, emphasising that the right to seek Khula embodies these guarantees.

The court restored the Family Court’s decree of dissolution, recognising the petitioner’s right to seek divorce on the grounds of second marriage and psychological cruelty. It also ruled that the petitioner would retain her dower, including the gold, money, and property given at the time of marriage.