Supreme Court Fines Ex-Husband Rs500,000 for Harassing Former Wife Through Litigation After Khula
Islamabad: The Supreme Court of Pakistan has ruled that dragging a woman into prolonged litigation after she has legally obtained khula (judicial divorce) constitutes a serious attack on her dignity, autonomy, and right to self-determination. The court imposed a fine of Rs500,000 on a former husband and ordered that the amount be paid to his ex-wife.
In a detailed nine-page judgment, the Supreme Court dismissed the former husband’s appeal against a decision of the Peshawar High Court and upheld the lower court’s ruling.
The court directed the former husband to pay the fine to his former wife within 30 days. If he fails to comply, the amount will be recovered through the Family Court.
According to the judgment, the former husband had accused his ex-wife of immoral conduct in an attempt to damage her reputation. The court observed that once a woman has legally obtained khula and completed her iddat period, she has the full legal right to remarry without seeking permission from her former husband.
The Supreme Court further noted that false criminal complaints and character assassination are often used as tools of pressure and intimidation. It emphasized that litigation cannot be used as a weapon to harass, humiliate, or undermine women.
The judgment also urged courts across the country to remain vigilant against the misuse of legal proceedings in marital disputes. It stated that preventing malicious litigation and protecting the dignity of litigants are fundamental responsibilities of the judiciary.
The case dates back to 2014, when a Family Court in Peshawar granted the woman a decree of khula after she relinquished her claim to haq mehr (dower). At the time, the woman had accused her husband of domestic violence, expelling her from the home, and separating her from their four-year-old daughter.
The Family Court awarded custody of the minor child to the mother. After obtaining khula, completing her iddat, and remarrying, the woman became the target of further legal action by her former husband, who claimed that she was still legally married and sought criminal proceedings against her.
Police informed the court that the allegations had already been rejected by a magistrate. After his request for registration of a criminal case was dismissed, the former husband challenged the decision before the High Court and later the Supreme Court, both of which ruled against him.
