SC's Khula ruling

Supreme Court has reinforced a woman's right to dissolve her marriage through khula, affirming that it as an independent right that does not require a husband's consent. The apex court also recognised psychological abuse as valid grounds for divorce in a ruling that promises to free countless women from intolerable and torturous marriages. The judgment, authored by Justice Ayesha A Malik, came in response to a petition by Dr Seema Hanif Khan, who challenged the dismissal of her case by Peshawar High Court (PHC). The Supreme Court said the PHC had wrongly insisted that her husband's consent was required and that reconciliation efforts were not exhausted. The SC said the right to khula cannot be made conditional upon the husband's consent or judicial discretion, noting that the court's role "is not to force a woman to stay in a marriage where there is no harmony or substance".

Perhaps the most progressive aspect of this ruling is its explicit recognition of non-physical abuse. The court held that "cruelty need not always manifest in physical violence" and that mental cruelty - including humiliation, neglect, intimidation and emotional abuse - can be just as damaging to the marital bond. This acknowledgment is a vital tool in protecting women's emotional well-being. Furthermore, the court criticised the patriarchal language used by lower courts, including a characterisation of the petitioner as a "disobedient wife" for seeking career opportunities. The Supreme Court rejected this and said women have the right to personal autonomy and that seeking education or a career is not an act of disobedience. Other important points include that a woman seeking khula is entitled to all her jewellery and dower items from the time of marriage, and that taking on a second wife without the first wife's permission is grounds for khula.

This verdict is not just an affirmation of dignity and equality under the Constitution, but also a source of judicial precedent that will ensure that in the future, the judiciary gives due respect to women's autonomy and freedom, allowing the fair sex to withdraw from harmful marriages without stigma.