- Decision reinforces statutory requirement for cooling-off period before divorce.
- Case involves a marriage in which right to divorce was delegated to wife.
- SC says a wife with unconditional divorce powers can revoke it within 90 days.
ISLAMABAD: The Supreme Court has issued a detailed ruling affirming that any divorce, including talaq-e-bidat (triple talaq or instant divorce), is not effective until the 90-day period prescribed under Section 7 of the Muslim Family Laws Ordinance, 1961, is completed.
The decision reinforces the statutory requirement for a cooling-off period before a divorce can be considered final.
A three-judge bench, led by Chief Justice Yahya Afridi and comprising Justices Muhammad Shafiq Siddiqui and Mian Gul Hasan Aurangzeb, upheld the Sindh High Court (SHC) judgment of October 7, 2024.
The case concerned Muhammad Hassan Sultan and Morial Shah, married in 2016. Under clause 18 of their nikahnama, the husband had unconditionally delegated the right of divorce to his wife.
Shah served a notice of divorce on July 3, 2023, under Section 7(1). However, she withdrew the proceedings on 10 August 2023, before the statutory 90-day period expired. Following this withdrawal, the Union/Arbitration Council closed the divorce proceedings.
The apex court clarified that when a wife is granted unconditional powers to divorce, she has full authority to revoke the divorce within the 90-day statutory period.
The court emphasised that any divorce is ineffective before the 90 days have passed, regardless of its form, including talaq-e-bidat. This ensures parties have a meaningful opportunity for reconciliation, in line with both statutory law and Islamic principles.
The court also highlighted that divorce proceedings initiated abroad, such as in New York, do not affect the legality of revocation in Pakistan. The petitioner’s civil petition challenging the High Court decision was dismissed, confirming that the delegation of divorce rights inherently includes the right to withdraw.
This landmark ruling reinforces the protection of women’s rights under the Muslim Family Laws Ordinance, ensuring that even in cases of unilateral or instant divorce, the statutory period for reflection and reconciliation must be respected.
