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 provision of the Dissolution of Muslim Marriages Act, 2(ix), explains the grounds on which a woman can obtain a decree for the dissolution of her…
The Supreme Court of Pakistan has ruled that a marriage can be dissolved on grounds of marital discord (shiqaq), even if cruelty is not proven, according to a recent decision. The court emphasized that neither spouse should be deprived of a lawful right or burdened with a stigma without a legal basis. In the ruling, a five-member bench highlighted the distinction between khula and shiqaq, stating that khula is based on a wife's voluntary decision to release from the marriage, while shiqaq arises from serious matrimonial breach and does not depend on the wife's surrender of dower or any benefit.
The court found that the family courts erred by converting the petitioners' claims for marriage dissolution on cruelty into khula decrees without obtaining their clear and voluntary consent. The SC held that the marriages could be dissolved on the basis of shiqaq, falling under section 2(ix) of the Dissolution of Muslim Marriages Act, 1939, and not on the basis of khula.
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