DR. SEEMA HANIF KHAN vs WAQAS KHAN — 2026 PLD 91 SUPREME-COURT

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DR. SEEMA HANIF KHAN VS WAQAS KHAN. Ss. 2, 2(ii), 2(ii-a) & 2(viii)---Family Courts Act (XXXV of 1964), S. 5, Sched.---Wife seeking dissolution of marriage---Cruelty---Proof---Correct standard of proof while assessing evidence---Dispute under the Dissolution of Muslim Marriages Act, 1939 (the DMMA) being governed by family law is essentially a civil dispute pertaining to the dissolution of the marriage and same is to be assessed on civil standards of evidence---Woman can obtain a decree for dissolution of marriage provided she can establish one or more of the grounds stipulated in section 2 of DMMA on the balance of probabilities---Where a woman invokes the ground of cruelty, it becomes a factual matter to be determined on the basis of evidence to be assessed according to the civil standard of proof being the balance of probabilities meaning that there must be sufficient evidence to show that a fact is more likely to be true than not---Therefore, the family court is required to look at the woman's testimony narrated in her own words and supported by surrounding circumstances---The standard of proof applied under the DMMA being the balance of probabilities means that the Court must decide whose side of the story is more likely to be true, that is more probable than the other, while examining the evidence and testimony of the woman, the circumstances she describes, and the impact of the conduct on her ability to continue marital life in the context of the defense he sets out by way of evidence---The law does not condition woman's entitlement on being able to demonstrate injuries or police reports or bring medical reports to support every slap or instance of emotional or mental trauma---In considering the evidence, the court must remember that there is no single definition of cruelty---What may be cruelty in one marriage may not be cruelty in another---The concept of cruelty differs from person to person depending upon the upbringing, level of sensitivity, educational, family and cultural background, financial position, social status, customs, traditions, religious beliefs, human values and their value system---The prudent and appropriate way to adjudicate the case would be to evaluate it on its peculiar facts and circumstances on the balance of probabilities---The essential factor being the impact of the behavior termed as cruelty on the life of the woman.

DR. SEEMA HANIF KHAN vs WAQAS KHAN — 2026 PLD 91 SUPREME-COURT

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