Law: Dissolution of Muslim Marriages Act, 1939

Section: 2,2(iia)

Law: Muslim Family Laws Ordinance, 1961

Section: 6

Summary

The Supreme Court allowed the civil petition against the Peshawar High Court's upholding of lower courts' decisions that dissolved the marriage via khula (forcing the wife to forfeit unpaid dower) despite her claims of cruelty and the husband's second marriage without permission. The Court found the lower courts erred by not assessing evidence of cruelty, improperly converting her DMMA-based suit to khula without her consent, and ignoring the husband's MFLO violation, which entitled her to dissolution under DMMA section 2(iia) with full dower retention. The marriage was dissolved on cruelty grounds (not khula), and the husband was ordered to pay the remaining Rs. 1,200,000 dower.

Core Points

• Wife filed for dissolution under DMMA citing cruelty, non-payment of dower/maintenance, and husband's second marriage without her permission during suit pendency.
• Lower courts dismissed cruelty claims without full adjudication, converted suit to khula based solely on her expressed aversion to cohabit, and required dower forfeiture.
• Husband admitted in cross-examination to non-provision of maintenance and second marriage in 2016 without wife's permission or Arbitration Council approval, establishing cruelty and MFLO section 6 violation.
• Courts cannot suo motu convert a DMMA suit to khula without wife's explicit consent; aversion alone does not justify dower loss if stemming from husband's faults.
• Second marriage contravened MFLO section 6, triggering DMMA section 2(iia) right to dissolution with dower retention.
• Supreme Court converted petition to appeal, granted dissolution on cruelty grounds, and awarded full remaining dower.

Relevant Laws and Sections

JUDGMENT