Court says cannot unilaterally convert divorce petition into a khula without the wife’s voluntary agreement
ISLAMABAD:
The Supreme Court of Pakistan has issued a landmark ruling on Sunday, clarifying that men who marry a second time without the consent of their first wife or the approval of the arbitration council may face both criminal and civil proceedings.
The ruling stems from the case of Naila Javed, who petitioned for the annulment of her marriage after her husband married a second time without her written consent and without seeking approval from the talaq council.
The court, in a five-page verdict authored by Justice Musarrat Hilali, directed the husband to pay Rs1.2 million in mahr and declared earlier rulings by the Family Court and the Peshawar High Court null and void.
The Supreme Court ruled that under the Dissolution of Muslim Marriages Act and the Muslim Family Laws Ordinance, a woman has the right to seek annulment if her husband contracts a second marriage without her consent. The court emphasised that courts cannot unilaterally convert a divorce petition into a khula (judicial divorce) without the wife’s voluntary agreement.
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The judgment noted that during the case, the husband had failed to provide maintenance (nafaqah) to his first wife, attempted to discredit her character during cross-examination, and openly admitted to marrying a second time without council approval.
The Supreme Court described these actions as legally constituting oppression (zulm) and ruled that the wife’s refusal to live with her husband under such circumstances cannot be considered disobedience.
The court further emphasised that any husband who marries a second time without the first wife’s consent or arbitration council approval is liable to face both criminal and civil proceedings, reinforcing the legal safeguards in Pakistan’s family law.
This ruling marks a significant clarification of Muslim family law, ensuring that women’s consent is central to the legality of subsequent marriages.
