AMBREEN AKRAM vs ASAD ULLAH KHAN — 2026 SCMR 1 SUPREME-COURT

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AMBREEN AKRAM VS ASAD ULLAH KHAN. S. 5, Sched.---Family cases---Judicial language and reasoning---Scope and significance---Constitutional values of dignity, equality and non-discrimination. The language employed by Courts in family law cases does more than resolve individual disputes; it actively shapes public understanding of rights and obligations within marriage and the broader family structure. Judicial language carries normative force and influences how justice is perceived, internalized and practiced. Held: Terms and expressions used by Courts must remain consistent with constitutional values of dignity, equality and non-discrimination. Expressions such as "surrender" or "submit", when used in the context of matrimonial relationships, are rooted in patriarchal frameworks and reinforce outdated notions of gender hierarchy and female subordination. Such expressions cast women as passive recipients in marriage rather than equal partners and undermine their legal and constitutional status. The Supreme Court observed that judicial reasoning and expression in family law matters must be firmly anchored in constitutional guarantees and must reflect the lived realities of litigants and the prevailing social context. Judges, particularly in family law cases, are not merely arbiters of individual disputes but also reformers and thought leaders capable of guiding society towards progressive and inclusive thinking. They bear a constitutional and ethical duty to adopt gender-sensitive and rights-based language which affirms the equal legal status of women as full and autonomous persons. Judicial decisions must avoid stereotypes, promote tolerance and embody the principles of substantive justice. In fulfilling this transformative role under the Constitution, the judiciary does not merely interpret law but also contributes towards shaping societal attitudes and advancing equality through every word it uses. Language is never neutral; it either reinforces the existing social order or promotes a more just and equal future.

AMBREEN AKRAM vs ASAD ULLAH KHAN — 2026 SCMR 1 SUPREME-COURT

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