Islamabad: The Supreme Court of Pakistan, while issuing a clear decision on an important constitutional point related to Muslim Family Laws, has said that according to Section 7, a period of 90 days must be completed after the notice of divorce. A three-member bench headed by Chief Justice Yahya Afridi explained the legal aspects of the matter in its detailed decision.
According to the court, if the husband grants the wife the right to divorce unconditionally, then the wife has the full right to withdraw the proceedings within the prescribed period of 90 days even after exercising this option.
The judgment said that since the husband had granted the right to divorce unconditionally, any decision on the part of the wife — whether to proceed with the divorce or withdraw it — would depend entirely on her own will.
This case came to light when Muriel Shah had sent a notice of divorce on July 3, 2023, but withdrew the proceedings on August 10 before the completion of 90 days, on which the union council had terminated the proceedings. The Supreme Court upheld this decision and upheld the Sindh High Court’s decision of October 7, 2024.
