The Supreme Court of Pakistan has issued a detailed ruling outlining key legal principles related to family disputes, domestic violence, and khula proceedings, emphasizing women’s right to choose their legal course in marital cases.
A three-member bench headed by Chief Justice Yahya Afridi issued the 12-page judgment authored by Justice Shahid Bilal Hassan.
The court ruled that cases based on allegations of cruelty cannot be converted into khula proceedings without the consent of the wife, as such conversion may affect her financial rights.
According to the judgment, women must be given the option to decide whether they want to pursue claims of cruelty against their husbands or seek khula under family law.
The ruling further stated that even if allegations of cruelty are not fully proven, a wife still has the right to choose khula if the marriage has effectively broken down. The court observed that courts cannot compel spouses to continue living in a “dead marriage.”
The Supreme Court also broadened the legal definition of domestic violence, clarifying that it extends beyond physical abuse and includes psychological harm, humiliation, coercion, emotional suffering, and neglect.
The judgment noted that mental cruelty may involve emotional distress, persistent neglect, and serious psychological trauma suffered within a marriage.
The court further clarified that family disputes should be decided based on “preponderance of probability,” unlike criminal cases that require proof beyond a reasonable doubt.
It also directed family courts to avoid imposing impractical evidentiary requirements, such as demanding eyewitnesses or FIRs in domestic violence and marital dispute cases.
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