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(ii), 2(ii-a) & 2(viii)---Muslim Family Laws Ordinance (VIII of 1961), Ss. 6 & 8---Family Courts Act (XXXV of 1964), S. 5, Sched.---Wife seeking dissolution of marriage---Family Court granting khula to wife without her asking for it---Legality---Cruelty as a ground, proving of---Standard of proof to be adopted by courts in family cases highlighted---Husband contracting second marriage without wife's permission constituting cruelty and such ground alone sufficing for seeking dissolution of marriage---Scope---Brief facts were that the petitioner / wife filed a suit against respondent / husband seeking dissolution of marriage, during which the family court granted khula and ordered her to return her dower comprising a plot, gold, and money---Petitioner's (wife's) appeal and constitutional petition were dismissed---During the marriage, the respondent / husband contracted a second marriage without the petitioner's (wife) consent or permission from the arbitration council---The legal issue for determination before the Supreme Court was "whether the family court could lawfully convert a suit for dissolution into khula without the wife's consent, and whether the correct legal standard was applied in assessing the statutory grounds for dissolution, particularly cruelty, non-payment of maintenance, and contracting a second marriage in violation of law"?---Held: Family Court dismissed the petitioner's (wife's) evidence because it was unsupported by documents establishing cruelty---Family court failed to consider the evidence as a whole on the balance of probabilities, to determine whether the petitioner (wife) was entitled to dissolve the marriage---It was the duty of the family court and the appellate court to give weightage to the petitioner's story on the balance of probabilities rather than treat the absence of documentary proof as conclusive to the fact that cruelty was not established---Both the family court and the appellate court readily accepted the respondent's (husband) evidence even though he did not produce a single witness to corroborate his stance of good behavior or to corroborate his stance that he did not cause her any form of mental or emotional trauma---In doing so, the family court and the appellate court fell into grave error by not conforming to the standard of proof and by ignoring the principle of balance of probabilities---Hence, it failed to assess the evidence as per the required standard of proof to establish whether the petitioner (wife) was entitled to dissolution on the ground of cruelty---As to the High Court and the impugned judgement, it ignored the issues in totality---The second marriage was contracted by respondent (husband) in clear violation of Section 6 of the Muslim Family Laws Ordinance, 1961 (MFLO), thereby attracting clause (ii-a) of Section 2 of the Dissolution of Muslim Marriages Act, 1939 (DMMA), which alone was sufficient for the family court to dissolve the marriage---The family court, instead of dissolving the marriage granted a khula to the petitioner without her asking for it---The question was whether the family court could of its own accord grant khula---Khula was a distinct cause of action grounded in the wife's consent and autonomy, and it could not be judicially imposed to replace a failed statutory ground under the DMMA---The practice of converting a suit for dissolution of marriage into one of khula without the consent of the wife was totally in contravention to the law, as khula being an alternate mode of dissolution required the wife's voluntary decision to end the marriage and pay compensation in exchange for release from the marital bond---In consequence of the family court granting a decree for khula instead of the dissolution as prayed for, the petitioner (wife) was wrongly disentitled from her maintenance and dower despite these being legal obligations of the respondent (wife)---Judgments and decrees of the family court and the appellate court as well as the order of the High Court were set aside to the extent of khula, dower, and maintenance---The marriage was dissolved on the ground that the respondent (husband) contracted a second marriage in violation of the law---Consequently, the petitioner (wife) was not required to return her dower and was to keep the gold, money, and plot given to her---She was also entitled to maintenance of Rs. 10,000/- per month for the period during which the marriage subsisted, to be calculated and paid according to law---Petition was converted into an appeal and allowed, in circumstances.

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

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