CASE TITLE AMBREEN AKRAM vs ASAD ULLAH KHAN Relevant sections — 2026 SCMR 1 SUPREME-COURT

Case information

Citation: 2026 SCMR 1 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2026
Reporter: SCMR
Parties: CASE TITLE AMBREEN AKRAM vs ASAD ULLAH KHAN Relevant sections
Subject matter: Family
Provisions referred to: S. 5; Muslim Family Laws Ordinance (VIII of 1961)

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

Judgment text as reported

CASE TITLE AMBREEN AKRAM VS ASAD ULLAH KHAN Relevant sections... S.5, Sched.---Muslim Family Laws Ordinance (VIII of 1961), Ss.5 & 9---Wife's right to seek maintenance despite marriage not being consummated---Formal inception/commencement of the marital relationship as a determining factor---Solemnization of marriage as a legal genesis of marital relationship---Scope---'Rukhsati'---Meaning, concept and effect Full case summary... The term rukhsati literally means "to depart" or "to take leave" and it holds no independent legal status under Islamic or statutory law---While the solemnization of marriage marks the formal commencement of the marital relationship, the expression of acceptance at the time of marriage is the ultimate evidence of a woman's willingness to enter into the marital relationship and to discharge her matrimonial obligations---A wife's right to maintenance becomes absolute when she demonstrates such willingness, which is reinforced from her waiting for rukhsati to be effected---To condition a wife's entitlement to maintenance on rukhsati or consummation undermines legal certainty and enables husbands to evade their financial responsibilities by invoking social customs or delaying performance---Such an approach imposes an unconstitutional burden on women and reinforces patriarchal norms that make a woman's financial rights contingent upon her physical availability or subservience---This is incompatible with the dignity and equality promised under the Constitution.

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