ISLAMABAD: The Supreme Court has ruled that a woman’s right to seek Khula—dissolution of marriage initiated by the wife—is an independent and inalienable right that does not require her husband’s consent.

The two-member bench comprising Justice Ayesha A Malik and Justice Naeem Afghan issued the landmark judgment while hearing a petition challenging a Peshawar High Court verdict that had denied a woman’s request for dissolution.

The Court held that Khula cannot be made conditional on the husband’s approval or judicial discretion, declaring it a voluntary right available to the wife. It further recognised psychological and emotional abuse—including humiliation, intimidation, neglect, and emotional cruelty—as valid grounds for dissolution, noting that “cruelty need not always manifest in physical violence.”

The judgment affirmed that a woman retains her full right to dower (mahr)—including money, gold, and property—regardless of who initiates the separation. Citing Articles 14, 25, and 35 of the Constitution, the Court underscored that women’s dignity, equality, and autonomy within marriage are constitutionally protected.

The verdict also criticised gender-biased attitudes in lower courts that label women as “disobedient” for pursuing careers or education, calling such reasoning discriminatory and contrary to justice.

The Supreme Court reinstated the Family Court’s decision to dissolve the marriage, overturning the Peshawar High Court’s ruling.

Legal experts hailed the judgment as a milestone for gender equality and women’s agency in Pakistan’s family law. They said it could set a precedent for recognising psychological harm as valid grounds for separation and shift judicial interpretations of Islamic family law toward greater autonomy for women.

The ruling’s practical impact, however, will depend on how family courts implement it and whether awareness efforts help women across the country exercise these rights effectively.