ISLAMABAD (Web Desk) – The Supreme Court (SC) has ruled that any form of divorce given under Section 7 of the Muslim Family Laws Ordinance 1961 — including triple talaq — does not become effective until the completion of a 90-day period.
A three-member bench comprising Chief Justice Justice Yahya Afridi, Justice Muhammad Shafi Siddiqui and Justice Mian Gul Hasan Aurangzeb delivered the judgment while disposing of Muhammad Hassan Sultan’s petition regarding divorce. The court held that if a husband has unconditionally delegated the right of divorce to his wife, she also has the complete right to revoke the divorce.
Upholding the Sindh High Court’s (SHC) decision dated October 7, 2024, the Supreme Court noted that the couple married in 2016, and under Clause 18 of the nikahnama, the husband had unconditionally delegated the right of divorce to his wife, Moreel Shah.
The wife issued a notice on July 3, 2023, under Section 7(1), but withdrew the proceedings on August 10, 2023, before the completion of the 90-day period. Subsequently, the chairman of the Union/Arbitration Council terminated the divorce process.
