Supreme Court Upholds 90-Day Rule for All Divorces

The Supreme Court has issued a detailed judgment confirming that no form of divorce, including talaq-e-bidat (instant or triple talaq), takes legal effect until the mandatory 90-day period under Section 7 of the Muslim Family Laws Ordinance (MFLO) 1961 is completed.

A three-judge bench led by Chief Justice Yahya Afridi, and comprising Justices Muhammad Shafiq Siddiqui and Mian Gul Hasan Aurangzeb, upheld the Sindh High Court’s October 7, 2024 ruling.

The case pertained to the marriage of Muhammad Hassan Sultan and Morial Shah, who wed in 2016. Shah had been given unconditional delegated powers of divorce under clause 18 of the nikahnama.

She issued a divorce notice on July 3, 2023, but withdrew it on August 10, 2023, before the 90-day period expired. The Union/Arbitration Council subsequently closed the case.

The apex court held that when a wife is granted unconditional divorce rights, she also retains the authority to revoke the divorce within the statutory period.

It stressed that all divorces, irrespective of type, remain ineffective before the 90-day reconciliation period concludes, ensuring both parties have a genuine chance to reconsider the decision, in accordance with statutory requirements and Islamic principles.

The court further ruled that divorce proceedings initiated abroad, including those in New York, have no bearing on the legality of a withdrawal made within Pakistan.

Dismissing the petitioner’s challenge, the court reaffirmed that delegation of divorce powers inherently includes the right to rescind.

This landmark judgment strengthens legal safeguards for women under the MFLO, making clear that even instant or unilateral divorces are subject to the mandatory cooling-off period.