A woman’s divorce is a legal and constitutional right: Supreme Court

The Supreme Court has rejected the jail petition of Wasim Abbas in the murder case of his ex-wife and has upheld the death sentence. The court also clarified important principles related to women’s right to khula and legal protection in its decision.

A three-member bench heard the case. Justice Muhammad Hashim Khan Kakar wrote a detailed four-page judgment.

The court ruled that a woman’s right to obtain khula is her constitutional right. Violence cannot be justified in any way in the exercise of this right.

The decision referred to Articles 9, 14 and 25 of the Constitution. According to the court, these provisions guarantee the protection of life, human dignity and equal rights.

The Supreme Court clarified that subjecting a woman to torture or murder for exercising her legal rights is a serious violation of the law. The court emphasized the effective application of the law in such crimes.

While reviewing the evidence in the case, the court also stated important principles regarding the testimony of witnesses present in the domestic environment. The testimony of a witness cannot be rejected on the basis of mere relationship.

According to the court, the forensic evidence of bullet shells and pistol found at the crime scene strengthened the prosecution’s case. The Supreme Court found no flaw in the decisions of the subordinate courts that would justify overturning the conviction.

Background of the case

According to the details of the case, Waseem Abbas had shot and killed his ex-wife Shahnaz Bibi on October 11, 2020. The woman had earlier obtained a Khula (divorce) degree from the family court.

According to reports, the accused reached the woman’s house armed about 48 hours after receiving the Khula (divorce) degree.  Shahnaz Bibi died as a result of the firing.

The trial court sentenced Wasim Abbas to death and 10 years in prison. The Lahore High Court also upheld the death sentence.

Later, the accused approached the Supreme Court. The Supreme Court dismissed the jail petition after reviewing the evidence and the decisions of the subordinate courts.

Aspect of legal protection of women

In this decision, the court linked the right to divorce with the basic legal protection of women. The important aspect of this is that violence in the exercise of any legal right cannot be considered acceptable behavior.

The decision also highlighted the importance of evidence review in domestic crime cases. In particular, the principle of not ignoring the testimony of eyewitnesses or relevant witnesses on the basis of kinship alone is important.

Similarly, forensic evidence also played a significant role in the case. The court, looking at the available evidence as a whole, upheld the conviction of the subordinate courts.

The Supreme Court’s decision further clarifies the legal principle that violence or retaliation in response to the exercise of women’s legal rights is not protected by law.

While upholding the death penalty in the case, the court has also taken a clear stand on the protection, equality and legal rights of women. These principles may become part of the legal debate in similar cases in the future.