Author: News Desk

The Supreme Court has determined that a woman’s right to seek ‘khula’, the dissolution of marriage, is not contingent upon her husband’s agreement. The court has also acknowledged psychological abuse as a legitimate basis for divorce, asserting that emotional distress and mental cruelty carry the same legal significance as physical abuse.

The opinion, written by Justice Ayesha A Malik, responded to a petition submitted by Dr. Seema Hanif Khan. She contested Peshawar High Court’s dismissal of her request for dissolution of marriage, which had been denied because her husband’s consent was deemed necessary and reconciliation attempts had not been fulfilled.

The court found that khula represents an autonomous right granted to women, which should not be dependent on the husband’s consent or judicial discretion. It noted that when a marriage has irreparably deteriorated, a woman is entitled to request its dissolution, irrespective of her husband’s position.

Dr. Seema initially went to the Family Court, seeking separation based on cruelty, non-payment of maintenance, and her husband’s second marriage occurring without her agreement. She claimed her husband inflicted mental and emotional suffering on her, making it impossible to sustain the marriage.

Although the Family Court granted the khula, it did so without her direct request, prompting her to contest the ruling. The court also held that her dowry, which included gold and money, had been relinquished as part of the dissolution. On appeal, the Peshawar High Court upheld the decision, affirming that khula could only be granted with the husband’s agreement and after attempts at reconciliation.

The Supreme Court reversed both lower court decisions, restoring the decree of dissolution and supporting Dr. Seema’s right to keep her dowry. Justice Malik’s ruling noted that cruelty “need not always be evident in physical violence,” emphasizing that psychological abuse that undermines a woman’s self-esteem or subjects her to humiliation can also validate divorce.

The court instructed family courts to recognize various forms of psychological harm such as intimidation, neglect, and emotional abuse when evaluating marital disputes. It stressed that a woman’s emotional health must be factored in when considering whether a marriage has become unworkable.

The judgment criticized the patriarchal rationale used by the lower courts, which labeled the petitioner as “disobedient” for seeking a career and educational opportunities abroad. It clarified that such choices align with a woman’s personal autonomy and cannot be cited as reasons for denying maintenance or dissolution rights.

The court pointed out that the Family Court had incorrectly interpreted the law by assuming that maintenance could be withheld for disobedience. It ruled that maintenance is a legal responsibility of the husband according to the applicable family laws and cannot be revoked based on assumptions.

Referring to Articles 14, 25, and 35 of the Constitution, the Supreme Court reiterated women’s rights to dignity, equal treatment under the law, and family protection. It highlighted that the right to pursue khula embodies these constitutional protections, enabling women to exit harmful or inequitable marriages.

The bench also addressed the issue of the husband’s second marriage, which was conducted without the wife’s approval, thereby violating the Muslim Family Laws Ordinance (MFLO). The court determined that this behavior is against the law and provides a valid ground for dissolution under Section 2(ii-a) of the Dissolution of Muslim Marriages Act, 1939.

Regarding the dower, the Supreme Court rejected the rationale of the lower court that suggested recovering gold ornaments necessitated filing a police report. It ruled that dower items including gold and money must be returned to the wife unless a legitimate reason for withholding them exists.

The court restored the Family Court’s decree of dissolution, recognized the petitioner’s right to seek divorce on the basis of psychological cruelty and second marriage, and upheld her entitlement to her dower and property.

An anti-terrorism court (ATC) has ordered the seizure of the national identity card and passport of jail Pakistan Tehreek-e-Insaf (PTI) founder and former prime minister (PM) Imran Khan’s sister Aleema Khan.

According to reports, Judge Amjad Ali Shah heard the case registered against Aleema and 11 others in connection to deadly November 26 protest from last year.

Despite the issuance of non-bailable arrest warrants, Aleema did not appear before the court, prompting the judge to order the confiscation of her ID card and passport.

Judge Shah remarked that Aleema was “seen everywhere” but does not appear in court.

Earlier, a Rawalpindi ATC had previously issued non-bailable arrest warrants for Imran’s sister over her repeated absence.

The court had also ordered the forfeiture of her surety bonds in earlier proceedings.

Smog levels are expected to rise as air quality worsens in several parts of the country, particularly Lahore, in the coming days, the Pakistan Meteorological Department (PMD) has warned, urging authorities concerned to implement precautionary measures.

According to the Met Office’s most recent advisory, steady weather is likely to trap air pollution and dense smog may cover eastern Punjab, including Lahore, Gujranwala, Sheikhupura, Kasur, Nankana Sahib, Faisalabad, Multan, Bahawalpur, Rahim Yar Khan, Bahawalnagar and Khanpur amid calm winds, low temperatures and high humidity that hinder the dispersal of these pollutants.

Smog, which is a combination of smoke and fog, usually arises between November and mid-December, according to the department. With dry and stable conditions currently prevailing, the likelihood of heavy smog over major cities has increased, the PMD warned.

It also said a combination of vehicle exhaust, industrial emissions and stagnant weather patterns could push air pollution to dangerous levels, endangering the ecosystem and public health.

According to the advisory, rising smog may result in more cases of respiratory infections, asthma and other pollution-related illnesses, particularly affecting children, the elderly and people with existing health conditions.

The PMD also cautioned that smog-induced poor visibility could cause traffic jams and a rise in traffic accidents, and that in the coming days, outdoor activities could be disrupted.

Two Afghan youths living in Karachi have apologised for using inappropriate language against Pakistan in a viral video.

A video showing two Afghan nationals making derogatory remarks about Pakistan over the ongoing repatriation of Afghan refugees surfaced online during the week. 

One of the youths, identified as Farhad, worked at a grocery store in Karachi. His video was filmed by customers and later shared online.

After the video went viral, another clip of Farhad emerged in which he appeared in tears, expressing deep regret and apologising for his words.

Farhad said in the new video that he made a mistake and felt ashamed of his actions. He also raised slogans of “Pakistan Zindabad” and “Sindh Police Zindabad.”

Farhad touched his ears and tearfully said, “I made a big mistake which will not happen again.”

The second man, identified as Mohibullah, who works at a tea shop, was also seen in the viral video making offensive remarks. In his video, Mohibullah apologised and expressed remorse for his behaviour.

Surgeons at the Surgical Unit-I of Lahore General Hospital have successfully performed a complex heart surgery, saving the life of a young man who had suffered a severe stab wound.

According to a report published in Dawn, the hospital spokesperson said that 22-year-old Rizwan, a resident of Kasur district, was brought to the hospital in critical condition after a deep knife wound to his back damaged his heart.

Despite the seriousness of his condition, a team of young surgeons — including Dr Saeed Mahmood, Dr Muhammad Taimoor, Dr Owais,  Dr Amna Tariq,  and Dr Lubna — carried out an emergency operation under the supervision of Professor Farooq Afzal, head of Surgical Unit-I. Their timely intervention successfully repaired the injured heart.

Rizwan was kept under close observation for two weeks following the surgery and has now fully recovered and returned home. His family expressed deep gratitude to the doctors for their efforts and dedication.

Professor Farooq Afzal, who also serves as Principal of Ameeruddin Medical College, said that under the Punjab government’s directives, Rizwan received all diagnostic and treatment facilities free of cost.