SC Allows Marriage Dissolution on Shiqaq Grounds Without Cruelty Proof

News Desk

ISLAMABAD: The Supreme Court of Pakistan (SCP? ruled on Wednesday that a marriage can be dissolved on the grounds of shiqaq (marital discord) under a provision of the Dissolution of Muslim Marriages Act, 1939, even if there is no proven cruelty.

This landmark decision underscores the court’s commitment to ensuring that women have the right to seek divorce without the burden of proving cruelty.

The ruling was delivered by a five-member bench led by Justice Shahid Waheed, which included Justices Naeem Akhter Afghan, Muhammad Hashim Khan Kakar, Ishtiaq Ibrahim, and Miangul Hassan Aurangzeb.

The bench addressed two petitions filed by Zainab Bibi and Imran Naz Begum, challenging separate orders from the Peshawar High Court regarding their marriage dissolution requests.

This judgement is significant as it clarifies the legal framework surrounding marital discord, allowing women to initiate divorce proceedings based on shiqaq without the necessity of demonstrating cruelty.

The court emphasized that neither spouse should be deprived of their lawful rights without proper legal foundation and evidence, thereby reinforcing women’s rights within the marriage context.

As this ruling sets a precedent, it is expected to influence future cases involving marital disputes in Pakistan. Legal experts anticipate that this decision may lead to an increase in divorce petitions filed by women, as it simplifies the process for those experiencing marital discord.

The implications of this ruling will likely be discussed in upcoming legal forums and could prompt further reforms in family law.