What happens when a wife cannot prove cruelty, but the marriage has plainly broken down? In May 2026 the Supreme Court answered that question in Selab Akhtar v. Quwat Khan (2026 SCMR 1717). We have revised our khula research paper, now covering 75 judgments, to deal with shiqaq (the breakdown of a marriage) and with this new decision. This article summarises the revision.

What is shiqaq?

Surah An-Nisa (4:35) provides for arbiters, one from each family, when a breach (shiqaq) between husband and wife is feared. Section 10(3) of the Family Courts Act, 1964 gives this a modern form: the court must attempt reconciliation before deciding the suit.

The Supreme Court treats reconciliation as a real duty, not a formality. If it fails and the wife will not continue the marriage, the court must dissolve it (Sohail Ahmed, 2024 SCMR 634). As long ago as 1967, Khurshid Bibi (PLD 1967 SC 97) held that insisting on arbiters is pointless where reconciliation is plainly impossible.

What did Selab Akhtar v. Quwat Khan decide?

The wife sued for dissolution on the ground of cruelty and failed to prove it. The Family Court decreed khula instead, and treated her unpaid dower of 20 tolas of gold as surrendered.

The Supreme Court held that:

  • the court should neither impose khula on a wife without her consent, nor dismiss her suit while ignoring the breakdown of the marriage;
  • the court is not powerless to dissolve a marriage that has in fact broken down beyond repair;
  • where her financial rights are affected, the court must put the legal position plainly to the wife and record her conscious, informed and unequivocal election.

The case was sent back for her statement to be recorded. In practice: if she persists with a cruelty claim she cannot prove, her suit may fail; if she no longer wishes to stay married, she may choose khula, with its financial consequences.

What Selab Akhtar does not decide

  • It does not overrule either line of earlier Supreme Court cases (Muhammad Arif, 2015 SCMR 804 and Wajiha Rasheed, PLD 2026 SC 319 on one side; Ibrahim Khan, PLD 2024 SC 645 and Dr. Faryal Maqsood, PLD 2025 SC 262 on the other). It reconciles them in practice.
  • It does not make shiqaq an independent ground for dissolution with the dower intact. No Supreme Court judgment has yet held that.
  • Earlier decisions that granted khula without the wife's election, such as Ayesha Hanif (2026 CLC 1312 (Lahore)), should now be read subject to the requirement of recording her informed choice.

What has the Peshawar High Court said?

  • Where the relationship has deteriorated beyond repair, khula may be ordered (Malik Khursheed v. Tehseen Bibi, 2023 CLC 916 (Peshawar)).
  • The conduct of the in-laws can explain a wife's unwillingness to return, even where the husband himself was not cruel (Nadia Bibi v. Asad Khan, 2023 CLC 2055 (Peshawar)). Iddat maintenance remains payable after khula.
  • A husband whose own conduct caused the breakdown, including a second marriage, cannot take back the dower (Tauheed Farooqi v. Faiqa Anmol, PLD 2024 Peshawar 25).
  • Paid dower is not always returnable after a long marriage (Khair-ud-Din v. Sabiha, PLD 2021 Peshawar 85).
  • After khula under section 10(4), the Family Court cannot order the husband to pronounce a written talaq (Hasnain Abbas, 2026 CLC 126 (Peshawar)).

The Lahore High Court has treated two years of bitter litigation as proof of irretrievable breakdown (Ghulam Zohra, 1988 MLD 1353 (Lahore)).

Practical checklist: for the wife

  • Plead the facts of the breakdown: the separation, failed reconciliation and the history of litigation.
  • Ask the court to record your informed election before any suit is converted into khula.
  • If the Family Court converts your suit without your election, challenge it relying on Ibrahim Khan, Faryal Maqsood, Seema Hanif Khan (PLD 2026 SC 91), Naila Javed (PLD 2026 SC 302) and Selab Akhtar.

Practical checklist: for the husband

  • Where cruelty is not proved and the wife will not return, ask the court to put the Selab Akhtar choice to her, so that any khula decree carries the return of benefits.
  • Plead and prove what you gave.
  • Expect your own conduct, such as a second marriage without permission, to be weighed against any return of dower.

Read the full research paper

The full paper, with a summary of every judgment, is free to download:

📄 Download the full research paper (PDF)

For more research papers like this one, visit the Resources page:

https://arbitratorandlaw.com/resources

This article is general information on the law, not advice on your own case. Time limits can matter, so speak to an advocate promptly about your own matter.