LHC Rules Marriage Cannot Be Forced: Both Spouses Must Consent

LHC Rules Marriage Cannot Be Forced: Both Spouses Must Consent

The Lahore High Court has upheld a family‑court decree granting Khula, ruling that if both husband and wife clearly reject reconciliation, no court can lawfully force them to stay married.

In the case under review, the wife had filed for divorce, citing “extreme aversion” to her husband, and the husband also indicated he did not wish to reconcile.

The husband’s claims that the marriage had been void from the start—due to alleged concealment of prior marriages—were unsubstantiated: he failed to present any certified nikahnama or official record.

Justice Ahmad Nadeem Arshad observed that the fundamental elements of a healthy marriage—mutual willingness, companionship, and harmony—had “collapsed,” and compelling continuation would only perpetuate emotional and psychological hardship.

The ruling reaffirms that under both Islamic and statutory law, marriages require consent and mutual goodwill; without that, imposing a marital tie violates basic principles of justice and human dignity.

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