ISLAMABAD: The Supreme Court of Pakistan has issued a detailed and landmark judgment on khula and domestic disputes, ruling that khula cannot be granted without the clear, informed and unambiguous consent of the wife.
The verdict, which significantly clarifies family law principles in Pakistan, was announced by a three-member bench headed by Chief Justice of Pakistan Yahya Afridi. The detailed 12-page judgment was authored by Justice Shahid Bilal Hassan.
The court held that in Pakistan’s legal framework, if a wife files a case on grounds of cruelty, converting it into khula proceedings may affect her financial rights. It therefore directed that women must be given the explicit choice to either continue with allegations of cruelty or opt for khula.
The Supreme Court of Pakistan further observed that if cruelty is not proven but the marriage has effectively broken down, courts in Pakistan must allow the wife to choose dissolution, noting that a “dead marriage cannot be forcibly restored.”
The judgment also expanded the definition of domestic violence in Pakistan, stating that it includes not only physical abuse but also mental torture, humiliation, emotional pressure, and deprivation.
Reinforcing procedural standards in Pakistan, the court ruled that family courts should apply the “balance of probabilities” standard rather than criminal thresholds requiring proof beyond reasonable doubt. It also instructed courts not to demand unrealistic evidence such as FIRs or eyewitness testimony in domestic disputes.
In the case under review in Pakistan, the court noted that the marriage took place in September 2016 and separation proceedings began shortly after. While allegations of cruelty were not proven, the court observed that the marriage had effectively broken down.
The Supreme Court of Pakistan partially set aside the khula decision and remanded the matter to the family court for determination of procedure and financial rights. The family court has been directed to record the wife’s final statement and decide the matter within 30 days.
