ISLAMABAD -The Supreme Court has ruled that any form of divorce — including triple talaq — issued under Section 7 of the Muslim Family Laws Ordinance (MFLO) 1961 does not take legal effect until the completion of the mandatory 90-day period.
A SC three-member bench comprising Chief Justice Yahya Afridi, Justice Muhammad Shafi Siddiqui and Justice Mian Gul Hasan Aurangzeb announced the ruling while disposing of a petition filed by Muhammad Hasan Sultan regarding the validity of a divorce.
In its judgment, the court held that if a husband has unconditionally delegated the right of divorce (talaq-e-tafweez) to his wife, she also holds the full authority to revoke the divorce notice before the 90-day period concludes.
Upholding the Sindh High Court’s 7 October 2024 verdict, the Supreme Court noted that the couple married in 2016, and the husband had unconditionally granted his wife, Moreel Shah, the right of divorce under Clause 18 of the nikahnama.
According to the case record, the wife issued a divorce notice on 3 July 2023 under Section 7(1) of the MFLO. However, she withdrew the proceedings on 10 August 2023 — before the 90 days were completed. Following the withdrawal, the chairman of the Union Council/Arbitration Council terminated the divorce process.
The Supreme Court ruled that the withdrawal was lawful and within the wife’s delegated rights, reaffirming that a divorce becomes effective only after the statutory 90-day period has elapsed.
