SC declares Khula cannot be granted without wife’s consent

The Supreme Court, while issuing an important decision on Khula and domestic disputes, declared that Khula cannot be granted without the wife's consent, reported 24NewsHD TV channel on Sunday. 

Justice Shahid Bilal Hassan wrote a 12-page judgment.

According to verdict, it is not legally valid to grant Khula without the wife's clear and unambiguous consent. 

If the wife has filed a case on the basis of cruelty, converting it into Khula can affect financial rights. 

The court may give the wife the option to continue the claim of cruelty or accept Khula. 

The court cannot forcibly restore the terminated relationship.

Domestic violence is a broad definition that includes physical, mental torture, humiliation, pressure and deprivation. 

Mental cruelty also includes emotional torture, neglect and causing severe mental anguish.

Standard of proof in family cases is preponderance of probability while in criminal cases it will be beyond doubt.

Courts should not require impossible evidence like eyewitness or FIR in domestic matters.

Family courts directed to refrain from applying criminal standard of proof in civil cases.

Domestic disputes should be decided by considering facts, attitude and circumstances.

In the present case, the marriage took place on September 19, 2016, while the separation case was filed on October 8, 2016.

Cruelty can occur even in a short period of time, each case will depend on its own facts.

According to the court, the wife failed to prove cruelty.

Decisions of lower courts are upheld, however, the marriage had ended in the beginning and the wife continued to insist on separation.

The Supreme Court partially annulled the divorce decision.

The case has been sent back to the family court only until the procedure of divorce and determination of financial rights.

The family court will record the wife's final statement and find out her will. 

If the wife chooses divorce, the decision will be made according to the legal conditions.

If the wife insists on the claim of cruelty, the case will be decided on that basis.

The Supreme Court directed the family court to dispose of the case within 30 days.

Swat resident Selab Akhtar had filed a claim against her husband Quwat Khan.

Reporter: Amanat Gishkori