Marriage can be dissolved for discord without proving cruelty, rules SC
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.
Latest Fact Checks
Marriage can be dissolved on a woman's initiative on grounds of shiqaq even if cruelty is not proven: SC
ISLAMABAD: The Supreme Court ruled on Wednesday that a marriage could be dissolved on grounds of shiqaq (marital discord) under a residuary provision of the Dissolution of Muslim Marriages Act, 1939 even when cruelty was not proven. The residuary pro
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