ISLAMABAD: The Supreme Court of Pakistan has issued a detailed ruling on khula and domestic disputes. The judgment highlights the importance of a woman’s consent in family cases. The ruling was issued by a three-member bench headed by Yahya Afridi.
The 12-page judgment was authored by Shahid Bilal Hassan. The Court rules that khula cannot be granted without the wife’s clear and informed consent.
According to the judgment, courts cannot convert allegations of cruelty into khula proceedings without the woman’s approval. The bench observed that such actions may negatively affect a woman’s financial rights.
The Court rules that women must be given the freedom to decide their legal course. They can either continue with allegations of cruelty or seek separation through khula. The judgment stressed that family courts should respect the woman’s decision in such matters.
The Supreme Court also stated that courts cannot force couples to remain in a marriage that has effectively ended. The bench noted that if cruelty is not proven, but the marriage has completely broken down, the wife should still have the right to choose her remedy.
In another important observation, the court expanded the definition of domestic violence. The ruling said domestic abuse is not limited to physical harm. It also includes emotional suffering, humiliation, neglect, coercion, and psychological abuse.
The judgment explained that mental cruelty can involve long-term emotional distress and severe psychological pressure. The Court rules that such issues should be taken seriously in family disputes.
The Supreme Court further clarified the standard of proof in family cases. It said family courts should decide cases based on the “preponderance of probability.” This standard differs from criminal cases, where proof beyond reasonable doubt is required.
The bench directed family courts not to demand strict criminal evidence in domestic disputes. The ruling stated that eyewitnesses or FIRs should not always be necessary in family matters. Courts should instead examine conduct, facts, and surrounding circumstances.
The case involved a marriage that took place on September 19, 2016. Separation proceedings began on October 8, 2016. The court observed that cruelty allegations can arise even in a short marriage.
Although the wife could not fully prove cruelty claims, the Supreme Court accepted that the marriage had broken down. The woman had continuously sought separation.
The court partially set aside the earlier khula ruling. It sent the matter back to the family court for reconsideration of legal procedure and financial rights.
The family court was instructed to record the wife’s final statement. If she chooses khula, proceedings will continue under the law. If she pursues cruelty allegations, the court will decide the matter accordingly.
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The Supreme Court also ordered the family court to resolve the case within 30 days.
