LAHORE: The Lahore High Court has upheld a family court’s decision to grant khula, ruling that no court can compel a marriage to continue once both husband and wife clearly express that they no longer wish to remain together. The judgment reinforces long-standing principles of Islamic and statutory law that prioritise mutual consent, harmony, and emotional well-being in matrimonial relationships.
The husband had challenged the family court’s September 24, 2025 order dissolving the marriage, arguing that the nikah was void because the wife had allegedly concealed previous marriages. He claimed that the khula decree should not stand until those supposed earlier unions were resolved. But the court noted that he failed to provide any official documentation, certified nikahnamas, or records to support his allegations.
Justice Ahmad Nadeem Arshad dismissed the constitutional petition, affirming that the family court’s ruling was legally sound and free of any jurisdictional error. He observed that when both spouses categorically reject reconciliation, the essential foundations of matrimonial life collapse. A court, he said, cannot be expected to preserve a union that both parties have abandoned.
Justice Arshad emphasised that Islamic principles centre on tranquility, affection, and mercy within marriage. When these elements disappear and a wife expresses strong aversion while the husband also refuses to resume marital life, forcing the continuation of the relationship would inflict emotional and psychological harm.
The court clarified that Islamic law, statutory provisions, and equitable principles do not allow compelling a woman to stay in a marriage she wishes to leave—especially when the husband is similarly unwilling. A mere unproven allegation about a previous marriage, the ruling added, cannot override the presumption of validity attached to an acknowledged nikah.
The judge further held that the husband’s separate suit challenging the nikahnama does not prevent the family court from deciding the wife’s khula case. As long as the marriage remains legally recognised, the family court can dissolve it under relevant principles.
Citing the landmark Khurshid Bibi precedent, the court reiterated that a wife’s clear declaration of hatred or inability to live with her husband is sufficient grounds for khula. In this case, the wife had stated she could no longer continue the marriage, and the husband himself told the court he did not wish to reconcile.
Finding no procedural flaw or misapplication of the law, the Lahore High Court dismissed the petition as meritless and upheld the dissolution of the marriage.
