Marriage can be dissolved on a woman's initiative on grounds of shiqaq even if cruelty is not proven: SC

The Supreme Court of Pakistan ruled that a marriage can be dissolved on the grounds of shiqaq, or marital discord, even if cruelty is not proven. This decision was made by a five-member bench, headed by Justice Shahid Waheed.

The ruling overturned previous court decisions that had dissolved marriages based solely on cruelty, stating that such a decision was not in accordance with the law. According to the SC, a marriage may be dissolved when there is a genuine, serious, and continuing breach of the matrimonial relationship, and when reconciliation has failed despite judicial efforts.

The court emphasized that the Quranic emphasis on reconciliation in cases of shiqaq is meaningful because it acknowledges the possibility that reconciliation may fail. The court stated that the law should neither rush towards separation nor prolong a relationship that has ceased to serve its lawful purposes.

The decision also clarified the distinction between khula and shiqaq. Khula is a voluntary release from marriage, typically involving financial consequences, while shiqaq arises from a serious and continuing breach of the marriage, not dependent on a wife's surrender of dower or any benefit as consideration for release.

The court ruled that the petitioners' claims for dissolution on the grounds of cruelty should be set aside, as these decrees were based on an incorrect juridical basis. Instead, their marriages could be dissolved on the grounds of shiqaq, as established by the Quran and recognized under Muslim law.