SC Validated Women’s Right To Submit Writ Petitions  To Annul Nikah Over Mistreatment

Islamabad: The Supreme Court of Pakistan on Thursday upheld a woman’s right to dissolve her nikah (marriage) if her husband has mistreated her. The top court made this decision in response to a woman’s writ petition seeking the dissolution of their marriage due to her husband’s mistreatment of her.

The court supported the decision of a family court to annul Tayyaba Ambreen’s nikah due to her spouse Shafqat Kayani’s maltreatment of her.

The apex court rejected the ruling of the appellant court and Peshawar High Court, saying that a husband and wife’s marriage is built on trust. According to the court, “The wife is permitted to file a writ petition to dissolve her nikah on the grounds that her husband has tortured her physically and mentally.”

The husband’s criticism of his wife for failing to uphold their marital obligations, according to the court, may be an effort to avoid paying haq-e-mahr (dower given as a mark of respect to wife). APP