Supreme Court allows marriage dissolution on discord grounds without cruelty proof
The Supreme Court in Islamabad ruled Wednesday that a marriage can be dissolved under marital discord provisions even when cruelty is not proven.
Judicial bench composition and cases
A five-member panel headed by Justice Shahid Waheed issued the decision. The judges considered two petitions filed by Zainab Bibi and Imran Naz Begum against Peshawar High Court orders. Both women sought to end their marriages after family courts found no evidence of cruelty but granted khula decrees.
Legal reasoning on marital rights
The court held that neither spouse should lose lawful rights without legal foundation. It interpreted the residuary provision of the 1939 Act to permit dissolution when reconciliation fails. The ruling ensures women are not burdened with stigma absent proper evidence.
Outcome regarding dower and maintenance
Appellate courts largely upheld lower court decrees directing wives to return dower. The Supreme Court affirmed these decisions while clarifying the grounds for divorce. This interpretation applies specifically to cases involving marital discord under existing laws.
All 2 outlets report consistently
No differences in figures, names or dates across these reports.
- Dawn
- Business Recorder
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