Ms. AYISHA QURESHI vs TAUSEEF JAVED CHAUDHRY Ss — 2026 CLC 474 ISLAMABAD

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Ms. AYISHA QURESHI VS TAUSEEF JAVED CHAUDHRY Ss.2(viii)(a) & 2(viii)(d)---Family Courts Act (XXXV of 1964), S.5, Sched.---Dissolution of marriage on the basis of khula---Return of dower by wife upon dissolution of marriage---Exception---Cruelty as a ground, proving of---Factors to be considered by Court---Cruelty whether mental or physical, premeditated or unpremeditated is not diminished by lack of intent---Obviously, if it is a physical act, it would be a question of fact; however, in the event of mental cruelty, an inquiry is required to be conducted regarding the nature of the treatment to determine its impact or repercussions on the mind of the spouse---Mental cruelty may broadly be delineated as a course of conduct that inflicts mental pain with such severity and harshness as to render it impossible for the aggrieved party to continue the matrimonial bond or to cohabit---The matrimonial relationship is inherently based on mutual trust between the husband and wife, encompassing emotions, and it obliges reciprocal respect, love, and affection, aimed at ensuring a fair and balanced adjustment between spouses without generating a sense of anguish and disappointment---While deciding any lis for dissolution of marriage on the ground of cruelty, the Court must assess the intensity and severity of the acts alleged, and determine whether such conduct amounts to something more than mere trivial disputes, which are common in day-to-day married life---The conduct must be of such a nature that no reasonable person could be expected to endure it---The unbecoming attitude of the husband amounts to cruelty, as not only physical torture but also mental, moral, and psychological abuse by a partner constitutes cruelty---The grant of a decree of khula simpliciter is not justiciable when the incidents and the overall conduct of the husband reflect a cruel and oppressive demeanor, otherwise, wife would not approach the Court for dissolution of marriage---While dealing with such disputes the courts are not expected to act in an arbitrary, capricious, or whimsical manner---The most pertinent question for determination, therefore, would be, to what extent the right to dissolve marriage on the basis of khula is exercisable by the wife?---Where the claim for dissolution is based on cruelty, the court is duty bound to make athorough inquiry into the matter, examine the complete body of evidence, and may even interview the spouses---If the conduct of the husband reaches a level demonstrated through the record that amounts to a cruel relationship, the court is obligated to grant adecree for dissolution of marriage on the basis of khula.

Ms. AYISHA QURESHI vs TAUSEEF JAVED CHAUDHRY Ss — 2026 CLC 474 ISLAMABAD

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