Islamabad (HRNW)– The Supreme Court of Pakistan has ruled that under Section 7 of the Muslim Family Laws Ordinance, 1961, no form of divorce — including triple talaq — becomes effective unless the mandatory 90-day period is completed.
A three-member bench comprising Chief Justice Yahya Afridi, Justice Muhammad Shafi Siddiqui, and Justice Mian Gul Hassan Aurangzeb issued the ruling while disposing of a petition filed by Muhammad Hassan Sultan regarding the effectiveness of divorce.
The court clarified that if a husband has unconditionally delegated the right of divorce to his wife, then the wife also holds the full right to revoke the divorce within the required legal timeframe.
Upholding the Sindh High Court’s decision dated 7 October 2024, the Supreme Court noted that the couple married in 2016, and under Clause 18 of the nikahnama, the husband had delegated an unconditional right of divorce to his wife, Moreel Shah.
The wife issued a divorce notice on 3 July 2023 under Section 7(1), but she withdrew the proceedings on 10 August 2023, before the 90-day period had expired. Consequently, the Chairman of the Union/Arbitration Council terminated the divorce proceedings, confirming that the divorce never became effective.
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