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

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

DR. SEEMA HANIF KHAN VS WAQAS KHAN. S. 2(viii)---Muslim Family Laws Ordinance (VIII of 1961), S. 6---Wife seeking dissolution of marriage---Grounds for decree---'Cruelty' explained---Factors assessing / determining 'cruelty'---Where the impact of behavior renders marital life unsafe or intolerable then it is termed as cruelty---Cruelty can range from physical assault, to mental or emotional abuse, to interference with property or religion, to inequitable treatment in the context of a second marriage---Cruelty is related to the conduct of the husband such that his behavior or treatment towards the wife involves physical abuse in the form of assault as well as emotional and mental abuse such that his conduct is so reprehensive for her that she is miserable and unable to live with him---This means that cruelty can be physical, mental as well as emotional---The examples listed in Section 2(viii) of the Dissolution of Muslim Marriages Act, 1939 (the DMMA) are not exhaustive but illustrative, ensuring that courts remain flexible in recognizing cruelty in its many different forms---Accordingly, cruelty is not limited to physical harm rather it includes any conduct, which results in mental and emotional harm, that makes it impossible for the wife to live with dignity and security within the marital home and relationship---Courts in Pakistan have defined cruelty as being behavior which is not limited to physical abuse but involves behavior which can result in mental and emotional abuse---Therefore, cruelty encompasses physical harm; such as slaps, beatings or assault, as well as mental cruelty, such as humiliation, verbal abuse, or unfounded allegations of unfaithfulness in a marriage; emotional cruelty, such as neglect or indifference; and, at times, the broader environment of the marriage, such as hostility in the home or oppressive behavior by in-laws tolerated or encouraged by the husband---Cruelty can involve a series of acts, disconnected but collectively causing harm which renders it intolerable for the wife to remain in the marriage bond---Courts have also expanded on what constitutes cruelty by holding that cruelty includes the intentional or malicious infliction of mental suffering, abusive treatment, or false accusations---This means that physical injury is not a prerequisite and cruelty may consist entirely of conduct that causes anguish, loss of confidence, or injury to self-respect and may even encompass violent or non-violent acts, gestures, words, and even silence or neglect---Cruelty may be physical or mental, intentional or unintentional, pre-meditated or not---Essentially, it is behavior, the impact of which is so painful, so severe, and so harsh that it would be impossible to live in the marriage---The relevant and decisive factor is the impact of the husband's conduct on the woman such that she no longer deems it possible to live with him---Accordingly, for a court examining whether a case of cruelty is made out to dissolve the marriage, cruelty must be assessed in all its forms in the context of its impact whether physical, mental, emotional, and even environmental---Cruelty is a subjective test, to be assessed in light of the effect of the behavior on the aggrieved woman, rather than by reference to strict categories or technical rules of proof.

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

Case information

Judgment text as reported

Other judgments reported in 2026 PLD