SC Protects Wife’s Rights Against Uninformed Khula Granted
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In a landmark decision, the Supreme Court of Pakistan has emphasized that khula or divorce should not be granted without explicit consent from the wife, especially when financial rights like unpaid dower are at stake.
The ruling comes after Selab Akhtar’in case against her dissolution through khula and denial of full dower by lower courts. The Supreme Court has stressed that such decisions should not be made without the wife’s consent or clear election where she had sued on grounds of cruelty.
The court also noted concerns about transparency in divorce proceedings, particularly regarding unpaid maintenance and dower rights for women. Justice Shahid Bilal Hassan highlighted that these are matters involving financial security which should not be settled without the wife’s explicit consent or clear election to avoid potential future conflicts.