A three-member bench of the Supreme Court of Pakistan, headed by Chief Justice Yahya Afridi, has issued a detailed 12-page ruling setting out important legal principles related to family disputes, domestic violence, and khula proceedings.
The verdict, authored by Justice Shahid Bilal Hassan, stated that a case based on allegations of cruelty cannot be converted into a khula case without the consent of the wife, as doing so may affect her financial rights.
The court ruled that women should be given the choice to decide whether they want to pursue claims of cruelty or seek khula.
The judgment further said that even if allegations of cruelty are not proven, but the marriage has effectively collapsed, the wife should still have the right to choose the legal course available to her. It also noted that courts cannot force people to continue a “dead marriage”.
The Supreme Court also broadened the definition of domestic violence, saying it is not limited to physical abuse but also includes psychological harm, humiliation, coercion, neglect, and emotional suffering.
According to the ruling, mental cruelty can include emotional distress, continuous neglect, and serious psychological harm.
The court further clarified that family matters should be decided based on the standard of “preponderance of probability”, unlike criminal cases, where proof beyond a reasonable doubt is required.
It also stressed that family courts should avoid imposing impractical standards of evidence, such as demanding eyewitnesses or FIRs in domestic disputes.
