SC rules divorce cannot be converted into Khula without woman’s consent

ISLAMABAD: The Supreme Court of Pakistan has given an important decision regarding Khula.

The Supreme Court has said in its decision that divorce cannot be converted into Khula without the consent of the woman, a two-member bench of the Supreme Court has laid down the principle.

The Supreme Court said in its decision that the court cannot automatically convert a divorce claim into Khula, the court ordered the woman to pay the amount of 1.2 million as dowry.

The Supreme Court declared the decision of the Family Court and the Peshawar High Court null and void, the court declared the legal assessment of the Family Court and the Peshawar High Court incorrect. Justice Musarat Hilali wrote a five-page decision.

According to the decision, the petitioner Naila Javed filed a petition for dissolution of marriage on the grounds of cruelty and legal grounds, the Family Court, instead of deciding on the allegations of cruelty, dissolved the marriage on the basis of Khula, the Family Court ordered the woman to leave the remaining dowry in exchange for Khula.

The Supreme Court said in its decision that the female petitioner had not sought Khula, and a divorce claim cannot be converted into Khula without express consent.

According to the Supreme Court, the husband Nasir Khan remarried during the trial, and second marriage without permission is a violation of Section 6 of the Muslim Family Laws Ordinance.

The decision said that the husband admitted not to have sought permission or approval from the Arbitration Council for the second marriage, and the husband did not even provide non-matrimony to his wife.

The Supreme Court said in its decision that the woman’s character was distorted during the cross-examination, all these factors legally fall under the category of cruelty, and in these circumstances, the woman’s refusal to live with her husband is not disobedience.