SC rules family courts must obtain informed consent before granting KhulaPublished on: May 22, 2026 6:23 AM
Pakistan, May 22 -- The Supreme Court of Pakistan has ruled that if a wife failed to prove allegations of cruelty against her husband but remained unwilling to maintain marital relationship, a family court was obligated to obtain the woman's clear, informed, and voluntary consent before issuing a decree of 'Khula' (divorce initiated by the wife).
This ruling is particularly significant in cases where financial rights, such as 'haq-mehr' (dower), are at stake. The court emphasized that family courts cannot automatically convert a case into khula nor use a failed claim of cruelty as the sole basis for a divorce decree without explicit consent.
According to the detailed written judgment, a three-member bench headed by Chief Justice Yahya A...
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