The Supreme Court of Pakistan has given an important ruling on divorce (talaq), stating that all types of talaq can be taken back within 90 days under Section 7 of the Muslim Family Laws Ordinance, 1961.
The court explained that a divorce does not happen instantly when it is announced. Instead, it becomes final only after 90 days, unless the husband or wife withdraws it earlier.
The judges said that this 90-day period is meant to give both sides time to rethink their decision, try reconciliation, and prevent hasty or emotional divorces. If talaq is taken back within this time, the marriage continues normally.
The ruling also makes it clear that this law does not apply only to men. It applies to women as well in cases where the husband has delegated the right of divorce (also known as talaq-e-tafweez) to the wife. This means a wife who has this right must also follow the same 90-day process if she initiates divorce.
Another key point in the decision is about the location where divorce proceedings should take place. The court ruled that the process must be handled in the area where the wife is living at the time of divorce. If she is living abroad, then the case must be handled according to her current place of residence.
This ruling aims to bring clarity, prevent confusion between different interpretations of talaq, and ensure fairness for both parties. It also strengthens the legal requirement of notifying the Union Council and following the complete procedure for a divorce to be valid in Pakistan.
