Supreme Court of Pakistan (SCP) has ruled that under Section 7 of the Muslim Family Laws Ordinance 1961, any form of divorce, including triple talaq, cannot take effect until a mandatory 90-day waiting period has elapsed.
The three-judge bench, comprising Chief Justice Yahya Afridi, Justice Muhammad Shafiq Siddiqui, and Justice Mian Gul Hasan Aurangzeb, delivered the judgment while hearing a petition related to the divorce of Muhammad Hassan Sultan. The court clarified that if a husband grants his wife unconditional authority to exercise the right of divorce, the wife also retains the full right to revoke the divorce within the stipulated period.
The verdict upheld the Sindh High Court’s October 7, 2024 decision, noting that the couple married in 2016. Under Clause 18 of the marriage contract, the husband had granted his wife, Moriel Shah, unconditional authority to exercise her right of divorce. The wife issued a divorce notice on July 3, 2023, under Section 7(1), but withdrew it on August 10, 2023, before the completion of the 90-day period. Consequently, the Chairman of the Union/Arbitration Council terminated the divorce proceedings.
The Supreme Court ruling reinforces that the 90-day waiting period is legally binding and emphasizes the protection of women’s rights to revoke divorce when granted unconditional authority.
Legal experts said the judgment sets a significant precedent in divorce law, ensuring compliance with procedural safeguards under the Muslim Family Laws Ordinance.
