Islamabad: 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 legally effective until a mandatory period of 90 days has been 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 validity of divorce.
The court further observed that if a husband has granted his wife an unconditional right of divorce (delegated talaq) in the nikahnama, then the wife holds complete authority to withdraw the divorce proceedings at any stage.
The Supreme Court upheld the Sindh High Court’s judgment dated October 7, 2024, noting that the couple married in 2016 and that Clause 18 of the nikahnama clearly stated the unconditional delegation of the right of divorce to the wife, Murel Shah.
According to the case record, the wife issued a divorce notice on July 3, 2023, under Section 7(1), but withdrew the notice on August 10, 2023, before the 90-day period had elapsed. Following her withdrawal, the Chairman of the Union/Arbitration Council terminated the divorce proceedings.
