The Supreme Court annulled the decisions of the Peshawar High Court. And the Appellate Court on dissolution of marriage through Khula in a family case. And reinstated the decision of the Family Court to dissolve the marriage on the basis of cruelty and violence by the husband to his wife. “Women can claim Annulment of Marriage on Persecution – Supreme Court”
After recording the evidence and hearing the arguments of the parties. The family court while passing judgment on the case filed by Tayyaba Anbrin against her husband Shafqat Ali Kayani.
Ordered the marriage to be dissolved by divorce on the grounds of cruelty. The suit also demanded dowry money, dowry goods, medical expenses, maintenance of herself and her daughter.
On November 10, 2015. The Appellate Court annulled the decision of the family court and converted the decision of dissolution of marriage.
Through divorce into khula and directed the woman to return 5 tolas of gold to the husband. While later Peshawar High Court also upheld the decision of the Appellate Court.
The matter reached the Supreme Court where a 3-member bench of the Supreme Court headed by Justice Sardar Tariq Masood heard. The appeal against the decision of the Peshawar High Court. In its judgment.
Women can claim Annulment of Marriage on Persecution – Supreme Court
The apex court remarked that despite the ‘cruel, cruel and oppressive’ conduct and behavior. The sole and primary purpose of the husband’s claim of conjugal rights appears to be to avoid the payment of maintenance and dowry.
The Supreme Court said the man’s attempt was successful when the appellate court issued a decree for dissolution of marriage through khula. Directing the wife to return the dowry.
Justice Muhammad Ali Mazhar, A member of the bench. Wrote in his judgment that the main difference or cause of difference between the parties was the question whether the petitioner Tayyaba Ambreen was entitled to claim a decree of dissolution of marriage on the ground of cruelty.
The Appellate Forum made the right decision by terminating. The marriage through Khula instead of terminating it through divorce on the basis of oppression.
In its judgment, the Supreme Court noted that the family court clearly and unambiguously stated that the petitioner woman proved the cruelty being committed by her husband by citing several incidents. While during the cross-examination.
The woman also presented The evidence adduced was not rebutted. So the Family Court after a thorough examination and consideration of the evidence terminated the marriage by divorce on the basis of cruelty.
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Justice Muhammad Ali Mazhar remarked that if the decision is against the evidence. The appellate court can reverse or set aside the decision of the family court.
Giving the appellate court jurisdiction to review the same. It happens that the lower court did not make any mistake in examining the evidence.
He added that the High Court also failed to take into consideration that the allegations of ill-treatment and cruelty by the petitioner during the trial had been proved with satisfactory evidence and yet the judgment of the Appellate Court was upheld. Confirmed.
Justice Muhammad Ali Mazhar said that the marriage bond between a man and a woman is a pure relationship that plays an important role in life.
Fosters the feelings of happiness and sympathy between husband and wife, on it family lineage and inheritance. Also depends on, marital relationship is based on tender. Human and emotional commitment which requires mutual trust, respect, dignity, love and affection and therefore this important relationship should conform to societal norms.
Justice Muhammad Ali Mazhar remarked that as Islam enjoins the husband to provide food, clothing, shelter and all other necessities of life. Similarly a man is expected to treat his wife with love and affection. Conduct will be tolerateds.
The judgment explained, as conduct or conduct which causes mental agony and physical pain to the wife. Making it impossible for her to maintain the marital bond.
Women can claim Annulment of Marriage on Persecution – Supreme Court
Justice Muhammad Ali Mazhar also referred to the instances of how the family court’s judgment reflected various circumstances and events that caused mental anguish and violence to the wife such as the fact that only a week after the marriage. The husband started pressuring the wife to arrange the money to get the house on rent.
The court noted that the husband and his family members also made false accusations against the woman. Alleging that the girl was not his daughter, due to such accusations. The petitioner suffered severe mental agony.
The court remarked that when the woman was trying to maintain the relationship. The man left his wife instead of supporting her. Did not support her on important occasions, during which the husband neither gave maintenance money. Nor paid delivery charges.
In addition, the husband and his family members imposed strict conditions on the woman to deposit her salary in a joint account with her husband and take the money for personal use with his permission.
Despite filing a case in the court. There was no change in the husband’s behavior. Instead he made the woman suffer more mental agony, Started making more false accusations against her.
The apex court noted that the appellate court. Instead of considering the evidence. Unreasonably declared that there was no substantial evidence to show physical pain or mental agony and that the allegations were exaggerateds.
Based on all the facts and evidence of the case. The Supreme Court set aside the decisions of the High Court and the Appellate Court and restored the decision of the Family Court.
