The Supreme Court of Pakistan has ruled that khula should not be granted without a wife’s clear, informed and voluntary consent when cruelty claims and financial rights are involved.
A three-member bench led by Chief Justice Yahya Afridi issued the 12-page judgment. Justice Shahid Bilal Hassan authored the ruling, while Justice Shakeel Ahmad also sat on the bench.
The court held that converting a cruelty-based dissolution case into khula proceedings without the wife’s consent could affect her financial rights. It said family courts must let a woman choose whether to pursue cruelty allegations or proceed through khula.
The judgment also said courts cannot compel spouses to continue a marriage that has effectively broken down. However, it directed courts to follow proper procedure when a woman seeks separation through a specific legal remedy.
The Supreme Court expanded the understanding of domestic violence in family disputes. It said domestic violence can include physical abuse, psychological harm, humiliation, coercion, neglect and emotional suffering.
Read: Khula Does Not Require Husband’s Consent: Supreme Court
The court also clarified the evidentiary standard for family cases. It said family courts should apply the “preponderance of probability” test rather than criminal standards such as FIRs, eyewitness testimony or proof beyond a reasonable doubt.
The case involved a marriage contracted on September 19, 2016, and separation proceedings initiated on October 8, 2016. The court said short marriages could still involve cruelty claims and must be decided on their facts.
The Supreme Court partially set aside the earlier khula decision and remanded the matter to the family court. It directed the court to record the wife’s final statement, determine her chosen remedy and decide the case within 30 days.
