The Supreme Court has issued a significant judgement on domestic violence and women’s right to end a marriage, ruling that physical injury is not a prerequisite for cruelty.
The apex court upheld that any behaviour causing a woman pain, frustration, or loss of confidence qualifies as cruelty, which can be taken as grounds for dissolution of marriage. The 17-page decision, which was written by Justice Ayesha Malik, emphasizes that psychological torture in marital life is as serious as physical violence, marking a progressive step in the legal recognition of women’s rights in Pakistan.
The Supreme Court made it clear that cruelty is not confined to physical harm and can include mental or emotional distress, verbal abuse, false accusations, and other forms of psychological torture.
The judgement stated: “If the effects are painful and severe, and it becomes impossible for a woman to continue living a married life, it will be considered cruelty.” The SC maintained that remarriage of a husband without the first wife’s permission constitutes a valid ground for annulment of marriage.
The SC ruling highlighted that parliament has already defined cruelty in law by providing various examples that clarify its nature and scope. However, the Court noted that these examples are not exhaustive but serve as guidance for interpretation.
“Our courts have defined cruelty as behaviour that is not limited to physical violence,” the decision stated. “Cruelty can consist of separate acts that collectively cause harm, making it unbearable for a woman to remain in marriage.”
The judgement also stressed that courts have the discretion to recognise evolving forms of cruelty, taking into account the psychological and social realities faced by women.
In the groundbreaking declaration, the Supreme Court observed that psychological abuse, including mental torture, emotional neglect, and verbal humiliation, is equally serious and falls under the definition of domestic violence.
The SC ruling reaffirmed Pakistan’s commitment to international human rights obligations, referencing the International Covenant on Civil and Political Rights, which prohibits physical torture and cruel, inhuman, or degrading treatment.
The Supreme Court set aside the decisions of the Peshawar High Court and the Family Court, which failed to consider the broader definition of cruelty.
Justice Ayesha Malik, in her detailed opinion, also directed courts to use cautious and respectful language when dealing with cases involving women, emphasizing the need for sensitivity and fairness in judicial conduct.
The legal experts and women rights activists have termed the decision as a milestone judgement for women’s rights in Pakistan, as it expands the legal interpretation of domestic cruelty and strengthens the protection of women against all forms of violence -- both physical and emotional.