Pakistan SC upholds woman’s right to ‘Khula’, recognises psychological abuse as ground for divorce

In a landmark ruling, Pakistan’s Supreme Court has reinforced a woman’s right to dissolve marriage through ‘Khula’ and recognised psychological abuse as a valid ground for divorce.

'Khula' is an Islamic concept which recognises the right of a woman to dissolve the marriage, a contrast against ‘talaq’, which grants the right to a man.

Justice Ayesha A Malik, one of the two female judges of the apex court, authored the judgment uploaded on the Supreme Court website on Friday.

The judgment was in response to a petition filed by a woman who challenged the Peshawar High Court’s (PHC) dismissal of her dissolution of marriage claim. It denied her request on the grounds that her husband’s consent was required and that reconciliation efforts had not been exhausted.

According to the SC judgment, the two-member bench comprising Justice Malik and Justice Naeem Afghan, after hearing the case, ruled that PHC’s decision was incorrect.

The bench reinstated the family court’s decree of dissolution, affirming the right of the wife to seek ‘Khula’ independently of her husband’s consent.

It clarified that ‘Khula’ is a voluntary right of the wife and cannot be made conditional upon the husband’s consent or judicial discretion.

Justice Malik wrote in the judgment that the family court’s role is not to force a woman to stay in a marriage where there is no harmony or substance.

The ruling marked a significant step in recognising psychological abuse — including humiliation, neglect, intimidation, and emotional abuse — as valid grounds for seeking a divorce under Islamic law.

“Cruelty need not always manifest in physical violence,” the judgment stated.

The court emphasised that mental cruelty can be as damaging as physical abuse, and a woman’s emotional wellbeing should be taken into account when assessing the viability of a marriage.

It also criticised the patriarchal interpretation used by the lower courts, which limited women’s agency and autonomy.

The Supreme Court also cited Articles 14, 25, and 35 of Pakistan’s Constitution, which guarantee dignity, equality before the law, and protection of the family.

The court emphasised that the right to seek ‘Khula’ embodies these guarantees, allowing women to withdraw from harmful marriages without the stigma that has traditionally been associated with seeking divorce.

The Supreme Court restored the family court’s decree of dissolution, recognising the petitioner’s right to seek divorce on the grounds of second marriage and psychological cruelty.

It also ruled that the petitioner would retain her dower, which included the gold, money, and property given at the time of marriage.

The ruling is a landmark as it sets a critical precedent for future cases involving ‘Khula’, psychological abuse, and women’s autonomy in marriage, reinforcing that the dignity and freedom of women must be respected within the marital relationship.