Supreme Court Rules Marriage Can End on Grounds of Shiqaq

In practice, the Supreme Court has ruled that a marriage can be dissolved on the grounds of shiqaq, or marital discord, under the residuary provision of the Dissolution of Muslim Marriages Act, 1939, even if cruelty is not proven.

Key points

• The court decided connected petitions filed by Zainab Bibi and Imran Naz Begum against separate orders of the Peshawar High Court.
• After after the procedure under the Family Courts Act, 1964, held that cruelty had not been established, the family courts.
• Supreme Court Rules Haq Mahr is Wife's Legal Right.
• Although both may end a marriage, it remarked khula and dissolution under the Dissolution of Muslim Marriages Act are distinct legal remedies.
• As the court discovered no legal or evidentiary error warranting interference under Article 199 of the Constitution, findings relating to maintenance and dowry articles were left undisturbed.

Notably, a five-member appellate bench headed by Justice Shahid Waheed and comprising Justices Naeem Akhter Afghan, Muhammad Hashim Khan Kakar, Ishtiaq Ibrahim and Miangul Hassan Aurangzeb confirmed the judgment on Wednesday.

For context, the court decided connected petitions filed by Zainab Bibi and Imran Naz Begum against separate orders of the Peshawar High Court. Rawalpindi Sees Record Rise in Divorce and Family Cases.

Meanwhile, the cases arose from two separate family suits in which the wives sought dissolution of marriage on grounds of cruelty along with claims for maintenance, dower and dowry articles.

After after the procedure under the Family Courts Act, 1964, held that cruelty had not been established, the family courts. Nevertheless, they dissolved the marriages through khula after reconciliation failed and directed the wives to return or surrender the dower. The appellate court and the Peshawar High Court largely upheld those decisions.

In practice, the Supreme Court remarked a marriage may be dissolved by a court, but neither spouse should be deprived of a lawful right or burdened with a stigma without legal and evidentiary basis.

Although both may end a marriage, it remarked khula and dissolution under the Dissolution of Muslim Marriages Act are distinct legal remedies. According to The court, section 2 of the 1939 Act gives a Muslim woman the statutory right to seek dissolution on specified grounds, including cruelty.

For context, the bench held that the family courts erred in converting the petitions for dissolution on the ground of cruelty into decrees of khula without obtaining the petitioners' clear and voluntary consent. Supreme Court Rules Haq Mahr is Wife's Legal Right.

It remarked those decrees could not be sustained to the extent they were based on khula. Nevertheless, the court additionally noted the record did not justify setting aside the dissolution altogether.

Meanwhile, the judgment remarked the matrimonial relationships had suffered a serious and continuing breakdown, reconciliation had failed, and the evidence did not establish cruelty. It continued that the record as a whole demonstrated shiqaq of the kind recognised under Muslim law and contemplated by verse 35 of Surah An-Nisa, bringing the cases within section 2(ix) of the 1939 Act.

For context, the court therefore held that the dissolution could lawfully stand, but on a legal basis different from that adopted by the family courts.

It ruled that the marriages were liable to dissolution on the ground of shiqaq under section 2(ix) of the Dissolution of Muslim Marriages Act, 1939, and not on the basis of khula.

For context, the court additionally set aside the directions requiring the petitioners to return, surrender or waive their dower as a consequence of khula. Their entitlement to dower will now be determined under the law and the findings otherwise backed by the record. LHC Rules Husband's Cruelty Does Not Erase Wife's Right to Dower.

According to The judgment, family litigation should not become a contest in which one spouse must be judicially disgraced for the other to obtain relief. Stay Connected with ProPakistani. Obtain the latest news and stories wherever you prefer. Follow on Google Discover. Follow on Google News Join WhatsApp. See more ProPakistani stories in Google Search and Top Stories.

For now, supreme Court Rules Marriage Can End on Grounds of Shiqaq remains the part of the story worth watching, and further updates are likely as more details are confirmed.