Supreme Court Allows Dissolution of Marriage on Shiqaq Grounds Without Cruelty Proof

ISLAMABAD: The Supreme Court of Pakistan ruled on Wednesday that a marriage can be dissolved on the grounds of shiqaq (marital discord) under the Dissolution of Muslim Marriages Act, 1939, even in the absence of proven cruelty.

This landmark decision was delivered by a five-member bench led by Justice Shahid Waheed, which included Justices Naeem Akhter Afghan, Muhammad Hashim Khan Kakar, Ishtiaq Ibrahim, and Miangul Hassan Aurangzeb. The court emphasized that neither spouse should be deprived of their lawful rights or burdened with stigma without a solid foundation of law and evidence.

The ruling stems from two petitions filed by Zainab Bibi and Imran Naz Begum, challenging separate orders from the Peshawar High Court regarding their requests for marriage dissolution based on claims of cruelty. The family court had previously addressed issues of maintenance, dower, and dowry articles in these cases.

This decision is expected to have significant implications for women’s rights in Pakistan, as it reinforces the legal framework allowing women to seek divorce without the necessity of proving cruelty, thereby empowering them in marital disputes.