Supreme Court of Pakistan has imposed a fine of Rs500,000 on a man for pursuing what it described as a Baseless Case against his former wife after she obtained khula.
In a detailed nine-page judgment, the apex court ruled that forcing a woman into unnecessary legal proceedings after the dissolution of marriage violates her dignity, independence, and right to move forward with her life. The court ordered the former husband to pay Rs500,000 to his ex-wife within 30 days.
According to the ruling, if the payment is not made within the specified period, the amount can be recovered through the relevant family court.
The case centered on allegations made by the former husband against his ex-wife after their marriage ended. The court noted that the accusations were intended to harm her reputation and place pressure on her. Judges observed that the judicial system should never be used as a tool for harassment or personal revenge.
The Supreme Court emphasized that filing a Baseless Case against a former spouse not only wastes judicial resources but can also cause emotional and social harm to the individual involved. The judgment highlighted the importance of protecting litigants from malicious legal actions.
The court also reaffirmed an important legal principle regarding khula. It stated that once a woman has obtained khula and completed her iddat period, she is legally free to remarry. She does not require permission from her former husband to do so.
Judges urged courts across Pakistan to remain alert to attempts to misuse family laws. They stressed that the dignity and rights of individuals must be protected throughout legal proceedings.
The Supreme Court dismissed the former husband’s appeal and upheld earlier decisions made by lower courts, including the Peshawar High Court.
Case records show that the woman was granted khula by the Peshawar Family Court in 2014 after she gave up her haq mehr. The proceedings included allegations of abuse, expulsion from the family home, and separation from her minor daughter. Custody of the child was later awarded to the mother.
After the divorce and completion of iddat, the woman remarried. However, the former husband continued legal action, claiming she was still married to him. His petition was rejected at several judicial levels before reaching the Supreme Court.
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The court concluded that the Baseless Case had no legal merit and reaffirmed the judiciary’s responsibility to prevent misuse of the legal system while safeguarding the rights and dignity of citizens.
