Adnan Zar v. Mst Khadeeja Khanum, 2020 MLD 1147 (Pakistan)

The respondent filed a suit for dissolution of marriage on the basis of cruelty, which was granted by the Family Judge on that basis. Petitioner appealed, praying that the marriage be dissolved instead on the basis of consent. The court found that there was indeed cruelty which was corroborated by the medical documents when respondent was examined by a doctor after an incident of cruelty. Significantly, the court also stated that under the Family Courts Act, the family courts have been given exclusive jurisdiction to proceed against a spouse who is an aggressor. This gives legal cover to the family courts to prosecute those spouses, who have inflicted injuries on the other spouse by way of emotional, psychological as well as physical harm. After the recording of evidence by the Family Court, if it appears that any spouse has suffered psychological and physical injuries at the hands of the other spouse, the Family Judge has to proceed against the perpetrator and hand out a sentence in accordance with the law. The Family Court which has not given any findings on the offenses of the aggressor spouse despite the availability of evidence in the Family Court jurisdiction shall be treated as misconduct on its part, which has to be dealt with separately by the High Court on its administrative side.