Supreme Court Rules Khula Cannot Be Granted Without Wife’s Consent

(Digital Itla) The Supreme Court of Pakistan has ruled that khula (judicial divorce initiated by a wife) cannot be granted without the wife’s clear, informed, and unambiguous consent.

A three-member bench headed by Chief Justice Yahya Afridi issued the detailed verdict, authored by Justice Shahid Bilal Hassan.

The court observed that converting a case based on allegations of abuse into khula proceedings could affect a woman’s financial rights. Therefore, courts must give women the option to either continue pursuing abuse claims or seek khula.

The judgment also expanded the definition of domestic violence to include mental abuse, humiliation, emotional suffering, coercion, and deprivation, in addition to physical violence.

The court emphasized that family courts should apply civil standards of evidence rather than criminal standards and should not require impossible evidence, such as eyewitnesses or FIRs in domestic disputes.

The case has been remanded to the family court to determine the wife’s final position regarding khula and financial rights, with instructions to conclude proceedings within 30 days.