ISLAMABAD (Kashmir English): The Supreme Court has ruled that any form of divorce [including triple talaq] cannot be effective until the completion of a period of 90 days under Section 7 of the Muslim Family Laws Ordinance 1961.
A three-member bench comprising Chief Justice Yahya Afridi, Justice Muhammad Shafi Siddiqui, and Justice Miangul Hassan Aurangzeb, while disposing of the divorce petition of Muhammad Hassan Sultan, said that if the husband has unconditionally delegated the right of divorce to his wife, then she also has the full right to withdraw the divorce.
The court upheld the Sindh High Court’s decision of October 7, 2024, saying that the parties got married in 2016 and under Clause 18 of the Nikahnama, the husband had granted the right of divorce to the wife, Moreel Shah, unconditionally.
The wife issued a notice under Section 7(1) on July 3, 2023, but before the period of 90 days had expired, on August 10, 2023, this action was withdrawn, upon which the Chairman Union/Arbitration Council terminated the divorce proceedings.
