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Women can file writ petitions to dissolve nikah on mistreatment: Supreme Court (SC)

The Supreme Court of Pakistan on Thursday validated the right of women for dissolv­ing their nikah (marriage) on the grounds of mistreat­ment by their husbands.

The top court issued this order on a writ petition of a wom­an regarding the dissolution of marriage on the basis of ill-treatment by her husband.

The court upheld the deci­sion of a family court to dis­solve the nikah of woman pe­titioner, Tayyaba Ambreen, on the basis of mistreatment by her husband, Shafqat Kayani.

Turning down the de­cision of the appellant court and Peshawar High Court, the apex court said that the mar­ital relationship between a husband and wife was based on trust.

The wife was au­thorized to file a writ peti­tion to dissolve her nikah on the basis of mental and phys­ical torture by her husband, the court said.

The court said that husband’s stance against his wife for not fulfilling the marital rights could be an at­tempt to avoid payment of haq-e-mahr (dower given as a mark of respect to wife).

Source: The Nation