ISLAMABAD: The Supreme Court on Friday sought assistance from the Council of Islamic Ideology (CII) and lawyers on the question of whether a decree of khula (dissolution of marriage) can be granted on grounds other than a husband’s cruel conduct towards his wife.
A five-member larger bench, comprising Justice Shahid Waheed, Justice Naeem Akhtar Afghan, Justice Malik Shahzad Ahmed Khan, Justice Aqeel Ahmed Abbasi and Justice Shakeel Ahmed, heard petitions filed by Ms Zainab Bibi, Ms Aram Naz Begum and Ms Syeda Bint-e-Zahra against Barkat Hussain, Muhammad Waseem, Fazal Khaliq and others. The case pertains to whether a family court, in a suit seeking Khula on the grounds of a husband’s cruel conduct, can grant the decree on some other basis. During the proceedings, Justice Shahid Waheed raised a question whether an allegation of cruel conduct could be established solely on the woman’s statement, adding that a man’s dignity is also involved.
Justice Malik Shahzad observed that a woman’s own testimony is sufficient in such matters. “If a husband beats his wife at home, from where will the wife bring witnesses from the neighbourhood?” he remarked. He further noted that even in Khula, a stigma attaches the man, as it implies that the woman has developed hatred for him.
Advocates Mudassar Khalid Abbasi, Aftab Alam Yasir, Uzma Munawar, Saeed Ahmed and Syed Ashfaq Hussain Shah appeared on behalf of the petitioners and respondents. On the court’s direction, CII representative Mufti Wajid also appeared before the bench.
Justice Shahid Waheed noted that Ms Aram Naz Begum had filed a suit for Khula on the basis of her husband’s alleged cruel conduct. The court observed that while cruel conduct was not proved, a decree of Khula was nonetheless granted on the basis of seeking Khula. He questioned where Aram Naz’s affidavit was and noted that decrees had been passed for 10 tolas of dower, dowry worth Rs200,000 and monthly maintenance of Rs15,000.
Justice Malik Shahzad questioned the basis on which the matter had been referred to the Supreme Court and observed that if a decree cannot be granted on the grounds of cruel conduct, then it also cannot be granted merely on the basis of Khula. He added, “If a husband beats his wife, why should the court not grant a decree of Khula? If a woman cannot prove cruel conduct for any reason, why should she continue to live in her husband’s home?”
Justice Aqeel stated that evidence is required and must be fulfilled. Justice Malik Shahzad noted that courts have held non-payment of maintenance to constitute cruel conduct.
Justice Shahid Waheed further asked if a woman approaches the court and states that her husband beats her and does not provide maintenance, the court could grant Khula on a basis that was not even sought. He inquired what other grounds are recognised under the Shariah law for granting Khula, and reiterated that a man’s self-respect is also involved, questioning whether Khula could be granted solely on the woman’s statement.
Meanwhile, the court directed the counsels for the petitioners and CII representative to submit their written arguments before the next hearing. The court adjourned the matter for a date-in-office (indefinite period).
