The Supreme Court of Pakistan has ruled that any form of divorce — including triple talaq — does not become effective until the mandatory 90-day period is completed under Section 7 of the Muslim Family Laws Ordinance 1961.
A three-member bench led by Chief Justice Yahya Afridi, along with Justice Muhammad Shafi Siddiqui and Justice Mian Gul Hasan Aurangzeb, issued the ruling while hearing a petition filed by Muhammad Hassan Sultan.
The court stated that if a husband has unconditionally delegated the right of divorce to his wife in the nikahnama, then the wife also has the full right to withdraw the divorce notice within the 90-day period.
The Supreme Court upheld the Sindh High Court’s earlier decision from 7 October 2024. The couple married in 2016, and the husband had given his wife, Moreel Shah, the unconditional right to divorce under clause 18 of the nikahnama.
The wife issued a divorce notice on 3 July 2023 under Section 7(1), but she withdrew it on 10 August 2023 — before the 90-day period was completed.
As a result, the Union Council/Arbitration Council ended the divorce proceedings, and the Supreme Court confirmed that the divorce never became effective.
