EDITORIAL: The Supreme Court has delivered a momentous judgment, establishing the right of a woman to seek dissolution of marriage on the basis of cruelty inflicted by the husband, rather than only under the khula law – divorce sought by the wife.

The case landed in the apex court subsequent to the Peshawar High Court (PHC) and an appellate court’s decisions to reverse a family court’s decree in a suit filed by Tayyeba Ambreen against her husband on grounds of mental torture. After hearing both sides and recording evidence, the family court had acknowledged her plea as valid and dissolved the marriage. That meant the man had to pay her alimony and maintenance allowance for their daughter.

But the appellate court converted the case into khula, thereby absolving the husband of any financially liability, also directing the wife to return or refund five tola gold ornaments received from her spouse. The woman then approached the PHC and got the same response.

Hearing her appeal against the PHC’s decision, a three-member bench of the Supreme Court, headed by Justice Sardar Tariq Masood, issued its detailed verdict on Wednesday, noting that the family court had unequivocally articulated that the petitioner discharged the burden of proving cruelty on part of the husband by quoting many incidents.

And her testimony was not refuted during cross-examination. Thus, said the SC bench, the family court had rightly dissolved the marriage on account of cruelty after a thorough examination and consideration of evidence. Furthermore, observed the apex court, the husband’s claim of conjugal rights, despite his “ruthless, tyrannical and oppressive conduct or behaviour” seems to be motivated by the sole intention to avoid paying maintenance allowance and the dower amount, yet he succeeded in his effort to have the appellate court dissolve the marriage by way of khula. And the high court also upheld the appellate court’s ruling without realising that the allegations of maltreatment and cruelty had been satisfactorily proved by the petitioner.

In fact, floating on the surface of the appellate court’s decision is a tendentious male bias against women. Ignoring the impeccable evidence recorded by the family court, not only it said the evidence brought before it to prove physical or mental agony was exaggerated, but that “acts of cruelty were common” and “found in every family”. In other words, it is okay for men to treat their wives in whichever way they want, which should be accepted as something normal.

Sadly, despite such beliefs and attitudes of male chauvinism, a vast majority of women stay in abusive marriages. Khula gives them a way out, but most of them are denied access to education and fend for themselves, hence have little choice but to suffer in silence. The Supreme Court’s declaration that a wife can also ask for dissolution of marriage on account of mental or physical abuse with the right to claim alimony offers a new ray of hope to women enduring toxic relationships.

Copyright Business Recorder, 2022