The Supreme Court has issued an important decision that any divorce, including triple talaq, is not effective until 90 days have passed.

The decision written by Justice Muhammad Shafi Siddiqui of the Supreme Court has been issued. In which it has been declared that a 90-day period is necessary for divorce under Section 7 of the Muslim Family Laws Ordinance.

The decision states that if the husband has given his wife the right to divorce unconditionally, then the wife also has full authority to withdraw the divorce.

The decision states that the civil petition of Muhammad Hassan Sultan has been disposed of and the decision of the Sindh High Court of October 7, 2024 has been upheld.

According to the decision, the parties were married in 2016, Clause 18 of the marriage certificate granted the wife the right to divorce, and the wife issued a notice under Section 7(1) on July 3, 2023.

The wife withdrew the proceedings on August 10, 2023 before the completion of 90 days. The court ruled that the Union Council/Arbitration Council had terminated the divorce proceedings.

The decision states that the right to divorce granted to the wife in law shall be considered “unconditional” and complete, and that divorce shall not be effective before the completion of 90 days.