Supreme Court rules khula can’t be granted without wife’s consent

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SC bench cautions against describing husband as oppressor without evidence establishing abuse

The Supreme Court has ruled that a petition seeking dissolution of marriage cannot be converted into khula without the wife’s clear and voluntary consent, holding that the two legal routes carry different consequences, particularly regarding haq mehr.

A five-member bench headed by Justice Shahid Waheed issued the written judgement while upholding the dissolution of marriage for two women on the basis of Shiqaq — serious and irreconcilable marital discord — rather than khula.

The court declared it unlawful to unilaterally convert a petition for dissolution of marriage into a khula petition when the wife has not expressly consented to khula.

The judgement makes clear that khula and statutory dissolution of marriage are distinct legal avenues and can carry different financial consequences for the parties.

The court further held that a woman cannot be deprived of her haq mehr through an involuntary grant of khula.

The Supreme Court upheld the dissolution of the marriages of two women on the ground of Shiqaq rather than khula.

It also set aside the directions concerning the return or waiver of haq mehr that had been linked to khula. Dissolution on the basis of Shiqaq, the judgement noted, is not dependent on the woman surrendering her dower.

The court maintained the decisions concerning maintenance and dowry items in both cases.

The written judgement recognised Shiqaq as a ground for dissolution under Muslim law, stating that a marriage may be dissolved under Section 2 on this basis.

However, the court stressed that ordinary marital disagreements are not enough. Minor disputes, differences in temperament or temporary separation cannot by themselves establish Shiqaq.

The court must be satisfied that the marital discord is genuine, serious and persistent, particularly after efforts at reconciliation have failed.

The Supreme Court also cautioned against describing a husband as an oppressor without evidence establishing cruelty or abuse.

The judgement said a court cannot independently opt for khula simply because it considers the marriage unsuccessful when cruelty, abuse or other legally relevant grounds have not been proved and the wife has not freely sought khula.

The court emphasised that family-law proceedings must protect the legal rights, honour and dignity of both spouses.

By distinguishing khula from statutory dissolution on grounds such as Shiqaq, the judgement underlined the importance of following the correct legal route rather than imposing financial consequences associated with a different form of marital dissolution.

The ruling therefore reinforces that khula requires the wife’s express and free consent, while genuine, serious and persistent marital discord may independently provide grounds for dissolution when reconciliation efforts have failed.

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