Pakistani Supreme Court's Landmark Ruling Upholds Women's Right to Seek Khula, Recognizes Psychological Abuse
In a landmark ruling, Pakistan's Supreme Court has upheld a woman's right to dissolve her marriage through 'Khula' without the husband's consent, recognizing psychological abuse as valid grounds. The court emphasized women's autonomy in marital decisions, marking significant progress in gender equality and legal acknowledgment of mental cruelty.
- Country:
- Pakistan
In a groundbreaking decision, Pakistan's Supreme Court has affirmed a woman's right to independently dissolve her marriage through 'Khula', and recognized psychological abuse as valid grounds for divorce.
Authored by Justice Ayesha A Malik, the judgment rectified a previous decision by the Peshawar High Court requiring the husband's consent for dissolution. The court ruled that Khula is a voluntary right of the wife, unaffected by judicial discretion.
The court criticized patriarchal interpretations that restrict women's autonomy, emphasizing dignity and equality under Articles 14, 25, and 35 of Pakistan's Constitution. The ruling sets a precedent for addressing psychological abuse in marital law.
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