Supreme Court: Filing Cases Against Ex-Wife After Khula Termed an Attack on Dignity and Autonomy

Islamabad (HRNW): The Supreme Court of Pakistan has ruled that dragging a woman into repeated litigation after obtaining khula amounts to a serious attack on her dignity and personal autonomy.

The court dismissed the appeal of a former husband and upheld the decision of the Peshawar High Court, imposing a fine of Rs. 500,000 on him. The court ordered that the amount be paid to his former wife within 30 days.

In its detailed 9-page judgment, the Supreme Court stated that misuse of the judicial process cannot be tolerated. It noted that false allegations and character assassination were aimed at pressuring the woman and damaging her reputation.

The court further observed that after obtaining khula and completing the mandatory waiting period (iddat), a woman has full legal right to remarry, and does not require permission from her former husband.

The judgment emphasized that litigation used as a tool of harassment or humiliation against women is unacceptable. It stressed that protecting the dignity of litigants is a fundamental responsibility of the judiciary.

According to the case record, a family court had granted khula in 2014 in exchange for waiver of dower. The woman was also granted custody of her minor daughter at the time. After completing iddat, she remarried, following which the former husband initiated further legal proceedings alleging misconduct.

Police records submitted before the court indicated that allegations had already been dismissed by a magistrate, and subsequent applications for registration of a case were also rejected by higher courts.


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Important Note (Disclaimer)

This report is based on a Supreme Court judgment and case records. Further clarification may emerge from future legal proceedings or detailed court interpretations. HRNW remains committed to neutral and responsible journalism.

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