-
-
The Supreme Court of Pakistan has ruled that using infertility allegations against women in legal disputes is unlawful, degrading, and a violation of human dignity.
The court termed the practice a painful social weapon that unfairly targets women in already imbalanced relationships.
Chief Justice Yahya Afridi, heading a two-member bench with Justice Mian Gul Hassan Aurangzeb, issued the ruling while hearing an appeal by Saleh Muhammad against a Peshawar High Court verdict dated March 3, 2025.
The case involved Saleh’s refusal to pay dowry and maintenance to his wife, Mehnaz Begum, whom he abandoned in 2007, a year after their marriage.
Despite medical reports proving otherwise, Saleh falsely accused Mehnaz of being medically unfit for marital relations and childbearing. He used these claims to challenge her legal rights, an action the court strongly condemned.
In the Supreme Court infertility judgment, Chief Justice Afridi noted that turning personal pain into a legal weapon is not just an abuse of the legal system but an insult to womanhood.
He said no law or moral code allows a woman’s femininity to be questioned in such a humiliating manner.
Quoting the Quran, the Chief Justice reminded that the husband-wife bond is like a dress on a body, built on respect and protection. He stated that protecting women’s dignity is not a discretionary choice but a judicial and constitutional duty.
The court imposed a Rs. 500,000 fine on Saleh Muhammad, payable to Mehnaz Begum, to set a precedent against false and derogatory allegations.
This ruling is a landmark moment for gender justice in Pakistan’s legal system. It reinforces that courts will no longer tolerate humiliation of women in the guise of legal arguments.
