Supreme Court of Pakistan
Mst. Zainab Bibi v Muhammad Waseem and others; Mst. Iram Naz Begum v Fazal Khaliq and others
Published on this website
CPLA No. 57 of 2025 and CPLA No. 1350 of 2025
Citation: Approved for reporting; reporter citation not stated in the supplied copy
Background
Background
A five-judge Supreme Court Bench sustained dissolution for shiqaq, rejected khula without the wives’ voluntary election and removed dower-surrender orders based solely on khula.
Legal questions
Legal questions
A five-judge Supreme Court Bench sustained dissolution for shiqaq, rejected khula without the wives’ voluntary election and removed dower-surrender orders based solely on khula.
Court holding
What the Court decided
Shiqaq satisfying the evidentiary and procedural safeguards is a Muslim-law ground under section 2(ix). A cruelty suit cannot be converted to khula without the wife’s clear voluntary election. Section 5 preserves dower rights on statutory dissolution.
Final outcome
Final outcome
Petitions converted into appeals and partly allowed; dissolution sustained on shiqaq in place of involuntary khula; directions to return, surrender or waive dower solely because of khula set aside; remaining maintenance and dowry findings preserved; no costs.
Practical effect
What the decision means in practice
Petitions converted into appeals and partly allowed; dissolution sustained on shiqaq in place of involuntary khula; directions to return, surrender or waive dower solely because of khula set aside; remaining maintenance and dowry findings preserved; no costs.
This summary states the immediate effect recorded in the decision. The original judgment and the facts of the particular case remain controlling.
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Related article
Related article
A five-judge Supreme Court Bench sustained dissolution for shiqaq, rejected khula without the wives’ voluntary election and removed dower-surrender orders based solely on khula.
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