By webdesk 
The Supreme Court of Pakistan has issued a detailed and landmark ruling, reinforcing the crucial requirement that any form of divorce, including the controversial practice of talaq-e-bidat (often referred to as triple talaq or instant divorce), is not legally effective until the prescribed 90-day period under Section 7 of the Muslim Family Laws Ordinance, 1961, has been fully observed. This significant judicial decision serves to strengthen the existing statutory mechanism designed to allow for a cooling-off period and meaningful opportunity for reconciliation between the married parties before a dissolution of marriage is deemed final.
The decision stems from a review of a Sindh High Court (SHC) judgment dated October 7, 2024. The case was heard by a three-judge bench, prominently led by Chief Justice Yahya Afridi and supported by Justices Muhammad Shafiq Siddiqui and Mian Gul Hasan Aurangzeb. The apex court’s upholding of the lower court’s ruling confirms a consistent legal interpretation across the country regarding the non-finality of instant divorce pronouncements. The ruling effectively ensures that a hasty or emotional decision cannot immediately terminate a marriage, thereby aligning statutory law with fundamental Islamic principles that encourage reconciliation.
Case Background: Delegation and Revocation of Divorce Rights
The specific case that led to this detailed ruling involved Muhammad Hassan Sultan and Morial Shah, who were married in 2016. A key component of their legal dispute centered on their nikahnama (marriage contract), which included Clause 18. This clause stipulated that the husband had unconditionally delegated the right of divorce to his wife.
The wife, Morial Shah, subsequently exercised this delegated right by serving a notice of divorce on July 3, 2023, under Section 7(1) of the Ordinance. However, a pivotal moment occurred when she chose to withdraw these divorce proceedings on August 10, 2023. Crucially, this withdrawal was made before the statutory 90-day period had elapsed, resulting in the Union/Arbitration Council officially closing the proceedings. The husband, Muhammad Hassan Sultan, later filed a civil petition challenging the High Court’s affirmation of the wife’s right to revoke the divorce, arguing that the divorce should have been considered final.
The Court’s Clarification on Revocation
The Supreme Court used this case to deliver a crystal-clear clarification on the law surrounding the delegation of divorce rights. The court established that when a wife is granted unconditional powers to divorce (Talaq-e-Tafweez), she inherently possesses the full authority to revoke that divorce within the 90-day statutory period provided by law.
The highest court in the land explicitly stressed that any form of divorce is ineffective before the 90-day waiting period has been completed, regardless of whether it is instantaneous (talaq-e-bidat) or through delegated power. This mandatory cooling-off period is designed to ensure that both parties have a genuine, meaningful opportunity for reflection and potential reconciliation.
The court also addressed tangential issues, noting that parallel divorce proceedings initiated in foreign jurisdictions, such as New York, do not override or affect the legality of the revocation process as established under Pakistani law. By dismissing the husband’s civil petition, the Supreme Court delivered a decisive ruling that the delegated right of divorce intrinsically includes the power to withdraw that action, further cementing the protections afforded to women under the Muslim Family Laws Ordinance. This ruling is a significant step toward safeguarding the marital relationship and ensuring that statutory protections against hasty divorce are consistently and firmly applied across the country.