| Citation(s) |
|---|
| 2026 SLG 4833 = 2026 SLD 4833 |
Supreme Court of Pakistan
C.P.L.A.No.1350 of 2025 (Against the order/judgment dated 14.01.2025 passed by the Peshawar High Court, Abbottabad Bench in W.P.No.707-M/2020), C.P.L.A.No.57 OF 2025 (Against the order/judgment dated 07.11.2024 passed by the Peshawar High Court, Abbottabad Bench in W.P.No.853-A/2024)
Presented By: Justice Shahid Waheed Justice Naeem Akhter Afghan Justice Muhammad Hashim Khan Kakar Justice Ishtiaq Ibrahim Justice Miangul Hassan Aurangzeb
For the Petitioner(s) : Ms. Uzma Munawar, ASC (in CPLA No.57/2025) Mr. Mudassar Khalid Abbasi, ASC (in CPLA No.1350/2025) For the
Respondent(s) : Mr. Aftab Alam Yasir, ASC (in CPLA 57/2025) Mr. Saeed Ahmed, ASC (in CPLA No.1350/2025) Date of Hearing : 17th of August, 2026
C.P.L.A.No.1350 of 2025 (Against the order/judgment dated 14.01.2025 passed by the Peshawar High Court, Abbottabad Bench in W.P.No.707-M/2020), C.P.L.A.No.57 OF 2025 (Against the order/judgment dated 07.11.2024 passed by the Peshawar High Court, Abbottabad Bench in W.P.No.853-A/2024)
Presented By: Justice Shahid Waheed Justice Naeem Akhter Afghan Justice Muhammad Hashim Khan Kakar Justice Ishtiaq Ibrahim Justice Miangul Hassan Aurangzeb
For the Petitioner(s) : Ms. Uzma Munawar, ASC (in CPLA No.57/2025) Mr. Mudassar Khalid Abbasi, ASC (in CPLA No.1350/2025) For the
Respondent(s) : Mr. Aftab Alam Yasir, ASC (in CPLA 57/2025) Mr. Saeed Ahmed, ASC (in CPLA No.1350/2025) Date of Hearing : 17th of August, 2026
Mst. Iram Naz Begum …Petitioner(s)
VERSUS
Fazal Khaliq and others …Respondent(s) , Mst. Zainab Bibi Versus …Petitioner(s) Muhammad Waseem and others …Respondent(s)
Law: Dissolution of Muslim Marriages Act, 1939
Section: 2, 5
SUPREME COURT OF PAKISTAN (Appellate Jurisdiction) ORDER Shahid Waheed, J:- A marriage may be dissolved by a court, but neither spouse should be judicially deprived of a lawful right, nor judicially burdened with a stigma, without the foundation of law and evidence. This principle lies at the heart of the controversy before us. Marriage, in Islam, is a solemn covenant founded upon affection, tranquillity, mutual respect and the discharge of reciprocal obligations. Its dissolution, where necessary, is therefore not merely a matter of terminating a legal relationship; it is an exercise of judicial power which must be undertaken according to law, with due regard to the rights, dignity and honour of both parties. These two cases arise out of two separate family suits and two separate judgments. In each case, the wife sought dissolution of marriage on the ground of cruelty and, in the same proceedings, claimed recovery of maintenance allowance, dower and dowry articles. The Family Courts, after following the procedure prescribed by the Family Courts Act, 1964, concluded that cruelty had not been established. Nevertheless, having found that reconciliation had failed, they dissolved the marriages by khula and directed the wives to return or surrender the dower. The remaining claims were partly allowed. The appellate court, in the case of Mst. Zainab Bibi, modified the decree to the extent of the direction for return of the dower, holding that the husband had already taken the dower back from the wife. In the case of Mst. Irum Naz Begum, however, the appellate court maintained the decree passed by the Family Court. Both matters thereafter came before the High Court in its constitutional jurisdiction. In Mst. Zainab Bibi, the High Court restored the decree of the Family Court, whereas in Mst. Irum Naz Begum, it declined to interfere with the concurrent findings recorded by the courts below. The wives are now before us with two principal grievances. First, that their marriages could not lawfully have been dissolved through khula because they had neither sought nor consented to khula; rather, their cases were founded upon…