Triple Talaq Not Effective Without 90-Day Waiting Period: Supreme Court
Triple Talaq Not Effective Without 90-Day Waiting Period: Supreme Court
Islamabad: The Supreme Court (SC) has ruled that under Section 7 of the Muslim Family Laws Ordinance 1961, “divorce granted in any form, including three divorces (triple talaq), cannot be effective until a waiting period of 90 days has been completed.
A three-member bench comprising Chief Justice of SC, Justice Yahya Afridi, Justice Muhammad Shafi Siddiqui, and Justice Mian Gul Hassan Aurangzeb, while disposing of the divorce of Muhammad Hassan Sultan, said that if the husband has unconditionally granted the right of divorce to his wife, similarly the wife also has the full right to withdraw the divorce.
However, the court upheld the Sind High Court (SHC)’s decision of October 7, 2024, saying that the parties got married in 2016 and under clause 18 of the marriage contract, the husband had granted his wife (Muriel Shah) the right to divorce unconditionally.
Moreover, the wife issued a notice under Section 7(1) on July 3, 2023, but withdrew the action on August 10, 2023, before the expiry of the 90-day period, upon which the Chairman of the Union/Arbitration Council terminated the divorce proceedings.
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