The Supreme Court says there is a proper 90-day process that must be followed.Introduction
In Pakistan, many people believe that once a husband pronounces divorce especially triple talaq in one go (Talaq e Bidah), the marriage ends immediately. This assumption is legally wrong. The Supreme Court of Pakistan, in a detailed judgment, has once again clarified that divorce does not take effect instantly.
Under Pakistani law, divorce only becomes effective after following the mandatory legal process and completion of 90 days, and issuance of a divorce certificate by the Arbitration Council.
What is the Relevant Law on Divorce?
The process of divorce is stipulated under Muslim Family Laws Ordinance, 1961 at Section 7, relevant portion of which is detailed herein below for ease of reference:
- Talaq.– (1) Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq in any form whatsoever, give the Chairman notice in writing of his having done so, and shall supply a copy thereof to the wife.
(2) …
(3) Save as provided in sub-section (5), a talaq unless revoked earlier, expressly or otherwise, shall not be effective until the expiration of ninety days from the day on which notice under sub-section (1) is delivered to the Chairman.
Succinct reading of the ibid provision clearly provides as follows:
- Husband can divorce wife in any form
- File with Chairman in prescribed format the divorce process and supply copy to wife
- Talaq becomes effective after 90 days period from date of filing of process with Chairman
However, in the most recent case (Civil Petition No. 5364 of 2024 titled Muhammad Hassan Sultan Versus Chairman Union Council, Cantonment Board Office, Karachi and another), an interesting question was raised before the Supreme Court that where Husband pronounces 3 divorces in one go (Talaq-E-Bidah) upon wife, can the divorce process be retrieved or withdrawn.
The Supreme Court while rendering detail decision held that:
- Pronouncement of divorce alone has no legal effect
- Divorce becomes effective only after notice to the Union Council
- A mandatory 90-day period must pass
- Divorce can be withdrawn during these 90 days
- A divorce certificate is essential for legal finality
This applies equally to oral talaq, written talaq, triple talaq, and divorce through delegated powers.
Step-to-Step procedure for Divorce
Step 1: Pronouncement of Divorce
A husband may pronounce divorce verbally or in writing. However, the Supreme Court made it clear that pronouncement is only the beginning, not the end. The marriage remains legally intact at this stage.
Step 2: Mandatory Notice to Arbitration Council
After pronouncement, the husband must send a written notice to the Chairman of the Union Council (Arbitration Council) and also provide a copy to the wife. Without this notice, divorce proceedings do not legally commence.
Failure to comply with this requirement is a violation of law and may attract legal consequences.
Step 3: The 90 Day Mandatory Period
Once notice is received, a mandatory 90-day waiting period begins. During this time:
- Divorce remains legally ineffective
- Reconciliation efforts may take place
- The party who initiated divorce may withdraw or revoke it
The Supreme Court categorically ruled that even triple talaq does not become effective during this period.In Pakistan, spoken words do not end a marriage law does. Anyone dealing with divorce must understand the legal requirements to avoid serious consequences.
Frequently Asked Questions (FAQs)
Is divorce effective immediately after talaq in Pakistan?
No. Divorce is not effective immediately. It becomes effective only after notice to the Union Council, completion of 90 days, and issuance of a divorce certificate.
Is triple talaq valid and instant in Pakistan?
No. The Supreme Court has ruled that triple talaq is also subject to Section 7 of Family Laws Ordinance, 1961, and remains ineffective until completion of the legal process.
Can divorce be withdrawn after notice?
Yes. Divorce can be withdrawn any time within the 90-day period, either expressly or by conduct.
Does delegated divorce include the right to revoke?
Yes. The Supreme Court confirmed that delegated divorce unconditionally includes the right to revoke within 90 days.
Is a divorce certificate necessary?
Yes. A divorce certificate issued by the Arbitration Council is the only legal proof that a marriage has ended in Pakistan.
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