The Lahore High Court has upheld a family court’s khula decree, ruling that a marriage cannot continue if both spouses reject it. Justice Ahmad Nadeem Arshad stated that no Islamic, statutory, or equitable principle allows forcing a wife to remain married against her will. The court emphasized that mutual unwillingness destroys the foundation of marital harmony.
The case arose after a wife filed for khula, claiming she could no longer live with her husband. The husband challenged the decree, alleging the marriage was void due to her previous marriages. However, the court found no evidence supporting his claim, noting the absence of certified nikahnamas or official records.
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Justice Arshad observed that the essence of marriage lies in companionship, affection, and harmony. He noted that compelling a union lacking these elements would cause emotional and psychological harm. The court reiterated that Islam permits dissolution when marital tranquility, mercy, and affection are absent, and mutual aversion exists.
The court also clarified that a bare allegation cannot override the validity of a marriage. It reaffirmed that family courts retain authority to dissolve marriages via khula, even if a separate declaratory suit challenges the nikah. The judgment relied on precedents including the landmark Khurshid Bibi case.
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Ultimately, the LHC dismissed the husband’s constitutional petition as meritless, confirming the family court’s decision. The ruling strengthens women’s rights under Islamic and statutory law, emphasizing justice, ease, and prevention of harm. Both spouses’ unwillingness to reconcile legally justifies ending the marriage.