The Supreme Court of Pakistan ruled that family courts cannot grant a khula decree without a wife's explicit and informed consent [1].
This decision prevents courts from automatically converting a wife's suit for dissolution of marriage based on cruelty into a khula decree. Such a conversion often requires the wife to waive her financial rights, including the unpaid dower, which can leave women economically vulnerable after a divorce.
The ruling was issued by a three-judge bench headed by Chief Justice Yahya Afridi [1]. Justice Shahid Bilal Hassan authored the opinion, and said the necessity of protecting a woman's legal and financial standing is critical when she seeks a divorce on the grounds of cruelty [1].
Under the new guidance, the court must ensure that the wife has made a clear election regarding how her marriage is dissolved. This is particularly critical when valuable financial rights are implicated in the proceedings [1].
"We hold that khula should not ordinarily be granted without the wife's consent or clear election where she has sued on cruelty and valuable financial rights are implicated," Justice Shahid Bilal Hassan said [1].
The court's position clarifies that the legal process should not bypass the wife's intent to secure a dissolution based on cruelty in favor of a khula, which typically involves the return of the dower, or other financial concessions to the husband [1].
“Khula should not ordinarily be granted without the wife's consent”
This ruling shifts the power dynamic in Pakistani family courts by ensuring that the legal mechanism for divorce does not strip women of their financial entitlements without their knowledge. By distinguishing between a suit for cruelty and a request for khula, the court protects the dower—a mandatory gift from the groom to the bride—which serves as a critical financial safety net for divorced women in the region.
