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Marriage can be dissolved for discord without proving cruelty, rules SC

Animated editorial illustration for: Marriage can be dissolved for discord without proving cruelty, rules SC
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At a glance

  • SC ruled marriage can be dissolved for marital discord (shiqaq) without proving cruelty.
  • The court distinguished shiqaq from khula, which requires a wife's consent and has financial implications.
  • The ruling clarified that a dissolution plea cannot be converted to khula without the wife's consent.

Story so far

In a significant ruling, Pakistan's Supreme Court has clarified the legal distinction between dissolving a marriage through khula and on the grounds of shiqaq (marital discord). The court stated that khula requires the wife's voluntary consent and often involves returning the dower, whereas a dissolution for shiqaq is based on an established marital breakdown and does not require the wife to surrender her financial rights. The judgment was issued by a five-member bench in response to petitions from two women whose marriages were dissolved via khula against their will.

Latest development

The Supreme Court has ruled that a marriage can be dissolved on the grounds of shiqaq (marital discord) even if cruelty is not proven. The court clarified that converting a wife's petition for dissolution into a khula case without her consent is unlawful.

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