Marriage can’t be forced if both partners say ”NO”

LAHORE: The Lahore High Court (LHC) has ruled that marriage can’t be forced when both husband and wife refuse reconciliation. The court upheld the decree of a family court, which granted khula to a woman who expressed extreme aversion towards her husband. At the same time, the husband also refused to continue marital life.

The husband had challenged the family court’s September 24, 2025, order, claiming the wife had hidden previous marriages and that the khula should be invalid. However, the LHC found no evidence to support this claim and dismissed the petition.

Justice Ahmad Nadeem Arshad explained that when both parties discredit reconciliation, then the very cause for marriage, which is mutual consent, companionship, and harmony, ceases to exist.

He explained that forcing a wife to continue such a marriage is not only against Islamic law but also against considerations of justice and results in psychological distress.

The court further observed that a bare allegation, without being supported by proof, cannot negate the legal validity of a marriage. Family courts remain empowered to grant khula based on Islamic and statutory principles as long as the marriage is recorded.

Justice Arshad reiterated the ratio from Khurshid Bibi’s seminal judgment, where it was held that a wife’s categorical statement of hatred or inability to live with her husband is sufficient grounds for khula.

The high court found the decision of the family court to be proper, recording no procedural or legal errors, and rejected the husband’s petition as meritless.