Recent reports indicate a sharp rise in khula cases registered in Islamabad, with over 300 family cases filed daily and more than 9,000 khula petitions instituted every month. These statistics have triggered a heated nationwide debate on the causes behind the increasing rate of judicial divorces.
Legal Framework of Khula in Pakistan
Khula is a form of judicial divorce enabling a Muslim woman to seek marriage dissolution through a court. It derives legal foundation from Muhammadan law and is codified in Pakistan via the Dissolution of Muslim Marriages Act, 1939, which prescribes grounds for dissolution, and the West Pakistan Family Courts Act, 1964, providing procedural framework for expeditious adjudication of family disputes.
Primary Causes of Marital Breakdown
According to Zia Ullah Marwat, a practising lawyer in Islamabad, extramarital affairs are the foremost factor contributing to khula cases. The majority of marriages ending in khula involve allegations of infidelity, a topic society often hesitates to discuss openly. The second major cause is excessive interference by parents and in-laws, particularly mothers-in-law, who often control aspects of a woman's personal life, depriving her of decision-making freedom and a healthy marital relationship. Women frequently complain of emotional abuse, humiliation, and constant interference, creating an environment not conducive to peaceful married life.
Non-Payment of Dower and Drug Addiction
Another recurring source of marital discord is non-payment of dower (mahr), especially when fixed as deferred dower payable upon the wife's demand. In many marriages, the dower amount is exorbitantly high, making it practically impossible for the husband to pay, leading to disputes and marriage breakdown. Drug addiction is also a significant factor. According to recent reports by the Anti-Narcotics Force (ANF), millions of young Pakistanis struggle with substance abuse. Islamabad is no exception, with highly addictive drugs like crystal methamphetamine ('ice') devastating families, often leading to domestic violence, financial instability, and marriage collapse.
Social Media's Role in Marital Discord
The misuse of social media has emerged as an important contributor to marital breakdowns. Excessive use of platforms like Facebook, TikTok, and Instagram can give rise to mistrust, emotional detachment, or inappropriate relationships. Incidents involving hacking and leakage of private photographs, videos, or voice recordings severely damage mutual trust, creating resentment that ultimately results in separation.
Impact on Children and Society
The dissolution of marriage invariably inflicts emotional, psychological, and social suffering on both spouses. However, the most innocent victims are children, who often bear lasting consequences of broken homes, prolonged custody disputes, and litigation over maintenance, adversely affecting their emotional well-being and future development.
Proposed Solutions to Curb Judicial Divorces
To curb the increasing rate of judicial divorces, meaningful measures must be adopted at both policy and societal levels. Strengthening premarital counselling, promoting family education, ensuring timely enforcement of women's legal rights, combating drug addiction, regulating cybercrime, and encouraging respect for privacy and autonomy of married couples are essential steps. Equally important is the need for spouses to cultivate mutual trust, patience, understanding, and effective communication. Marriage is not merely a legal contract; it is a partnership that can endure only when both parties are willing to respect each other's rights and responsibilities.
