The Supreme Court has issued a significant ruling regarding Khula and said that without concerned woman’s consent, husband cannot leave his wife through Khula, a legal right in Islam that allows a married woman to obtain a divorce from her husband.
SC Justice Shahid Waheed authored the 15-page verdict, which stated that converting a petition seeking dissolution of marriage into Khula without the woman’s consent is illegal.
The court held that a judge cannot unilaterally opt for Khula on behalf of a woman where cruelty or abuse has not been proven.
According to the verdict, Khula and dissolution of marriage under the law are distinct legal paths with different financial consequences. A woman cannot be deprived of her Haq-e-Mehr through Khula.
The Supreme Court upheld the dissolution of the marriages of two women on the grounds of Shiqaq (irreconcilable discord) rather than Khula.
The SC judge observed that severe and persistent marital discord can constitute grounds for Shiqaq if reconciliation efforts fail.
The court recognized Shiqaq as a ground for dissolution under Muslim law and held that a marriage can be dissolved under Section 2(ix).
The verdict clarified that minor quarrels, incompatibility of temperament or temporary separation are insufficient to establish Shiqaq. Courts must determine whether the marital discord is genuine, severe and persistent.
The court also held that meaningful efforts at reconciliation must fail before a marriage is dissolved on the grounds of Shiqaq.
The Supreme Court ruled that dissolution of marriage on the grounds of Shiqaq is not conditional on the woman waiving or returning her Haq-e-Mehr. The SC set side directions requiring the women to return or waive their dower under Khula were set aside.
The court upheld rulings concerning maintenance and dowry items in both cases.
The verdict further stated that labeling a husband as an oppressor without proving acts of cruelty is improper, stressing that the legal rights, honor, and dignity of both parties must be protected in family cases.
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