Case Explained: Why divorce threats are now a crime in Islamabad – Legal Perspective

The newly passed Domestic Violence Act 2026 has expanded the legal definition of abuse in Pakistan’s capital, making several non-physical actions within domestic relationships punishable offences for the first time.

Under the new law, actions such as monitoring a spouse’s movements without consent, repeated psychological pressure, and threatening divorce or a second marriage on false grounds will now be treated as criminal acts. Offenders may face imprisonment ranging from six months to three years, along with fines of up to Rs100,000. The law applies exclusively within the jurisdiction of Islamabad.
The legislation was approved during a joint session of Parliament and introduces a broader understanding of domestic violence. Unlike earlier laws, it recognizes psychological and verbal abuse alongside physical and sexual violence.
The act has triggered debate on social media, where critics argue that the law gives excessive authority to women and disrupts traditional family structures. Supporters, however, insist that it addresses long-ignored forms of abuse that often lead to emotional trauma and, in some cases, physical harm.
Legal experts point out that the law is not entirely new in concept. A similar bill was previously introduced during the PTI government. However, the 2026 version includes significant updates. Protection under the law now extends beyond women and children to include men, transgender persons, people with disabilities, and elderly family members.
The act criminalizes several forms of psychological abuse. These include repeated jealousy that invades privacy, humiliation, character assassination, threats of physical harm, and deliberate abandonment. Verbal harassment and intentional neglect of responsibilities are also classified as domestic violence.
One of the most controversial clauses relates to threats of divorce or remarriage. According to the law, such threats become punishable only when they are used as a tool of coercion through baseless allegations, such as questioning a spouse’s mental health or fertility. Lawmakers argue that these threats are often used to intimidate and emotionally control partners.
Another widely misunderstood provision concerns stalking. Legal experts clarify that stalking does not mean casual observation. It refers to repeatedly following or monitoring someone’s activities against their will, including within a domestic relationship.
The law also includes sexual abuse within marriage as a form of domestic violence. Any sexual act that humiliates, degrades, or violates the dignity of a vulnerable person living in the household can now be prosecuted.
Human rights advocates have defended the legislation, saying it reflects real-life experiences of victims who suffer emotional abuse without visible injuries. They argue that threats of divorce or abandonment are often used to exert power and can have severe psychological consequences.
Supporters also back the provision that considers forcing a wife to live with someone other than her husband as potential domestic violence. They clarify that the law does not automatically criminalize joint family living. Instead, authorities are required to assess whether abuse is taking place and whether the husband has the means to provide a safe alternative.
The act also defines abandonment as psychological violence. Cases where spouses are deserted without financial or emotional support are now covered under the law. Advocates say such abandonment often leaves women vulnerable to exploitation, harassment, and prolonged suffering.

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