Court rules that it is impossible to unilaterally convert a divorce petition into khula without the voluntary consent of the wife
ISLAMABAD:
Pakistan’s Supreme Court issued a landmark ruling on Sunday, clarifying that men who marry a second time without the consent of their first wife or the approval of the arbitration board can face criminal and civil action.
The decision stems from the case of Naila Javed, who sought annulment of her marriage after her husband married a second time without her written consent and without seeking approval from the talaq board.
The court, in a five-page verdict written by Justice Musarrat Hilali, ordered the husband to pay Rs 1.2 million in mahr and declared the earlier decisions of the Family Court and the Peshawar High Court null and void.
The Supreme Court ruled that under the Dissolution of Muslim Marriages Act and the Muslim Family Law Ordinance, a woman has the right to seek annulment if her husband enters into a second marriage without her consent. The court emphasized that courts cannot unilaterally convert a divorce petition into khula (judicial divorce) without the voluntary consent of the wife.
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The judgment noted that during the case, the husband failed to provide alimony (nafaqah) to his first wife, attempted to discredit her reputation during cross-examination, and openly admitted to marrying a second time without the board’s approval.
The Supreme Court characterized these acts as legally constituting oppression (zulm) and ruled that the wife’s refusal to live with her husband in such circumstances could not be considered disobedience.
The court further emphasized that any husband who remarries without the consent of the first wife or the approval of the arbitration board faces criminal and civil prosecution, thereby strengthening the legal guarantees of Pakistani family law.
The ruling marks a significant clarification of Muslim family law, ensuring that women’s consent is central to the legality of subsequent marriages.
