Supreme Court Recognises Psychological Abuse as Cruelty, Strengthening Women’s Right to Dignity in Marriage

Human Rights Research Center
Nov 3
3 min read

November 3, 2025

HRRC commends the Supreme Court of Pakistan’s landmark decision for recognising psychological abuse as cruelty, marking a vital stride toward gender-sensitive justice. This ruling further reinforces women’s constitutional right to dignity, equality and autonomy within marriage.

Justice Ayesha A. Malik [Image source: DuckDuckGo image search]

In a landmark judgment, the Supreme Court of Pakistan has ruled that cruelty within marriage extends beyond physical violence to include psychological, verbal and emotional abuse, setting a new legal precedent for women’s rights in marital relationships.

Authored by Justice Ayesha A. Malik, the 17-page verdict overturned a 2024 Peshawar High Court (PHC) decision that had denied a woman’s plea for dissolution of marriage and instead granted her Khula without her consent. In Islam, Khula is a divorce initiated by the wife, allowing her to end a marriage. It is a way for a woman to dissolve the marriage, either through mutual consent or, if the husband refuses, through judicial intervention (known as faskh-e-nikah). This process is distinct from Talaq, which is a divorce initiated by the husband. The Supreme Court clarified that Khula and dissolution are distinct legal remedies and reaffirmed that Khula is an independent and inalienable right of women, not contingent upon the husband’s consent.

Justice Malik held that cruelty under the Dissolution of Muslim Marriages Act, 1939, encompasses mental and emotional abuse, humiliation, and conduct that makes it impossible for a wife to live with dignity and security. She also recognised a husband’s second marriage without the first wife’s consent as a valid ground for dissolution.

The Court cautioned lower courts against demanding documentary or medical proof of domestic abuse, observing that such violence is often a “bedroom crime” committed in private. It stressed that family courts must apply a gender lens when evaluating cases of marital cruelty to better understand the social realities women face.

Justice Malik also condemned the use of patriarchal language like “disobedient wife” in judicial proceedings, noting that such terms reinforce stereotypes and trivialise abuse.

The National Commission on the Status of Women (NCSW) hailed the verdict as a progressive step towards gender-sensitive justice and the protection of women’s dignity.

Justice Ayesha, who earlier this year called out patriarchal pension laws for treating women as dependents, once again reinforced her reputation as a jurist advancing gender equality and constitutional justice in Pakistan.

Glossary

Autonomy – The right to make your own decisions or act independently.
Called out – To publicly point out or criticise something wrong.
Consent – Permission or agreement to do something.
Constitutional justice – Fairness and equality based on the principles of the constitution.
Contingent – Depending on something else to happen.
Cruelty – Unkind or harmful behaviour that causes pain or suffering.
Denied – Refused to give or accept something.
Dependents – a person who relies on another for financial support and other assistance.
Dissolution – The official ending of a marriage or agreement.
Gender lens – Looking at an issue while considering how it affects men and women differently.
Gender-sensitive justice – Fair treatment that takes into account the different experiences of men and women.
Inalienable right – A basic right that cannot be taken away.
Jurist – A judge or expert in law.
Landmark – Very important or significant, marking a big change.
Legal remedies – The solutions or actions the law provides to fix a problem or wrong.
Patriarchal – Related to a system controlled mostly by men.
Pension laws – Pension laws govern eligibility, calculation and distribution of retirement benefits, with specific regulations varying by employer.
Precedent – A past decision used as a guide for future similar cases.
Ruling – An official decision made by a judge or court.
Stereotypes – Fixed, oversimplified ideas about people or groups.
Trivialise – To make something important seem unimportant or small.

References

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Supreme Court Recognises Psychological Abuse as Cruelty, Strengthening Women’s Right to Dignity in Marriage

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