| Case ID |
441b4a0c-a11b-41b5-ae6d-a8500b6620cb |
| Body |
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| Case Number |
Civil Petition No. 3209 of 2019 |
| Decision Date |
Nov 03, 2022 |
| Hearing Date |
Nov 03, 2022 |
| Decision |
After thorough examination, the Supreme Court of Pakistan converted the civil petition into an appeal, allowing the petitioner to set aside the judgments delivered by the Peshawar High Court and the Appellate Court dated 10.06.2019 and 10.11.2015, respectively. The Supreme Court restored the judgment and decree issued by the Family Court-II, Peshawar on 23.07.2014, which had decreed the dissolution of marriage on the grounds of cruelty. The appellate court's earlier decision to convert the decree to a dissolution by way of Khula, requiring the petitioner to return the dower amount, was found to be in error. The Supreme Court highlighted that the appellate authority failed to properly assess the evidence concerning mental cruelty, leading to an unjust alteration of lower court findings, thereby reaffirming the original decree for dissolution of marriage based on the experiences of mental anguish and cruelty sustained by the petitioner. |
| Summary |
In the landmark case of Civil Petition No. 3209 of 2019, the Supreme Court of Pakistan delivered a pivotal decision on November 3rd, 2022, addressing the dissolution of marriage on the grounds of mental cruelty. The petitioner, Mst. TAYYEBA AMBAREEN, sought the dissolution of her marriage to SHAFQAT ALI KIYANI due to sustained mental anguish and oppressive behavior by her husband. Initially adjudicated by the Family Court-II, Peshawar, the case was appealed to the Peshawar High Court and subsequently to the Appellate Court, which controversially modified the dissolution decree to Khula, imposing financial obligations on the petitioner. However, recognizing the appellate court's misinterpretation of evidence related to mental cruelty, the Supreme Court reinstated the original Family Court's decision, emphasizing the importance of accurately evaluating psychological abuse in matrimonial disputes. This decision underscores the judiciary's commitment to upholding the rights of individuals facing systemic abuse within marriage, highlighting critical aspects of Pakistani family law such as the Dissolution of Muslim Marriages Act and the Family Courts Act. Key legal principles from renowned legal texts like Halsbury’s Laws of England and Corpus Juris Secundum were instrumental in the court's reasoning, reinforcing the necessity for courts to meticulously assess the severity and impact of cruelty beyond trivial disputes. The ruling not only restores justice for the petitioner but also sets a significant precedent for future cases involving mental cruelty, ensuring that the legal system provides robust protection against emotional and psychological abuse in marital relationships. Additionally, the case sheds light on the responsibilities of legal practitioners in advocating for vulnerable parties and the judiciary's role in maintaining the sanctity and fairness of matrimonial bonds. By prioritizing evidence-based assessments and upholding stringent legal standards, this judgment enhances the legal framework governing marriage dissolution, promoting a just and compassionate approach to resolving deeply personal and distressing family matters. The Supreme Court's decision is a testament to the evolving nature of family law in Pakistan, reflecting a modern understanding of marital rights and the psychological well-being of individuals within the institution of marriage. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Peshawar High Court,
Appellate Court,
Family Court-II, Peshawar
|
| Judges |
MUHAMMAD ALI MAZHAR, JJ
|
| Lawyers |
Malik Nasrum Minallah,
Syed Rifaqat Hussain Shah,
M. Ajmal Khan
|
| Petitioners |
Mst. TAYYEBA AMBAREEN and another
|
| Respondents |
SHAFQAT ALI KIYANI and another
|
| Citations |
2023 SLD 111,
2023 SCMR 246
|
| Other Citations |
Not available
|
| Laws Involved |
Dissolution of Muslim Marriages Act (VIII of 1939),
Family Courts Act (XXXV of 1964),
Principles of Muhammadan Law
|
| Sections |
S. 2(viii)(a),
S. 5, Sched.,
Paragraph 277 of Chapter XIV,
Sub-paragraph (2) of Paragraph 281 of Chapter XIV
|