The court says that one cannot unilaterally convert a divorce petition into a khula without the wife’s voluntary agreement
ISLAMABAD:
Pakistan’s Supreme Court on Sunday handed down a landmark ruling that clarifies that men who marry a second time without the consent of their first wife or the approval of the arbitration board can face both criminal and civil cases.
The ruling stems from the case of Naila Javed, who sought annulment of her marriage after her husband remarried without her written consent and without seeking the approval of the talaq council.
The court, in a five-page judgment authored by Justice Musarrat Hilali, ordered the man to pay Rs 1.2 million in mahr and declared previous decisions of the Family Court and the Peshawar High Court null and void.
The Supreme Court ruled that under the Muslim Marriages Dissolution Act and the Muslim Family Law Ordinance, a woman has the right to seek an annulment if her husband remarries without her consent. The court emphasized that the 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 the man on trial had failed to provide maintenance (nafaqah) to his first wife, tried to discredit her character under cross-examination and openly admitted to remarrying without council approval.
The Supreme Court described these acts as legally constitutive oppression (zulm) and ruled that the wife’s refusal to live with her husband under such circumstances cannot be considered disobedience.
The court further emphasized that any husband who remarries without the consent of the first wife or the approval of the arbitration board is subject to both criminal and civil proceedings, reinforcing the legal guarantees of Pakistan’s family law.
This judgment marks a significant clarification of Muslim family law, ensuring that women’s consent is central to the legality of subsequent marriages.
