Consent of wife essential for Khula, Supreme Court rules
Key takeaways
- A three-member bench headed by Chief Justice Yahya Afridi issued the detailed judgment, authored by Justice Shahid Bilal Hassan in a 12-page ruling.
- The court observed that converting a case based on allegations of cruelty into a khula proceeding without the wife’s consent may adversely affect her financial rights.
- The court expanded the definition of domestic violence to include not only physical abuse but also psychological harm, humiliation, coercion, neglect and emotional suffering.
Why this matters: local context for readers following news across Pakistan and the region.
Add ARY News on Google AAResize ISLAMABAD: The Supreme Court (SC) of Pakistan has issued a significant and comprehensive ruling on khula and domestic disputes, holding that divorce through khula cannot be granted without the clear, informed and unambiguous consent of the wife.
A three-member bench headed by Chief Justice Yahya Afridi issued the detailed judgment, authored by Justice Shahid Bilal Hassan in a 12-page ruling.
The court observed that converting a case based on allegations of cruelty into a khula proceeding without the wife’s consent may adversely affect her financial rights. It directed that women must be given the option to decide whether to pursue allegations of cruelty or proceed with khula.