Divorce Notice Rules Under Section 7 MFLO in Pakistan

Introduction: Why This Case Matters for Families in Pakistan

Divorce is never an easy process, especially when spouses live in different countries or when one person tries to withdraw a divorce notice after serving it. Many people in Lahore and abroad are unsure about when a divorce becomes legally valid, whether a notice can be cancelled, and which office has the correct jurisdiction. A recent Supreme Court judgment, Civil Petition No. 5364 of 2024, provides much-needed clarity on these issues and helps ordinary families understand how divorce law actually works in Pakistan.

What Happened Between the Spouses

In this case, the husband and wife were living in New York. Their nikahnama included an unconditional clause giving the wife the right to divorce. She returned to Karachi and issued a divorce notice through the Union Council. However, before the ninety-day period ended, she withdrew the notice and went back to New York. The husband objected to this withdrawal and served his own divorce notice in Karachi, even though the wife was residing abroad at the time. The matter reached the Supreme Court because the husband argued that the divorce had already taken effect and that the wife had no right to withdraw her notice.

How the Supreme Court Resolved the Issue

The Supreme Court explained that the law is very clear: a divorce in Pakistan never becomes effective immediately. Section 7 of the Muslim Family Laws Ordinance requires that a ninety-day waiting period must pass after the notice is served on the Union Council. During these ninety days, either spouse may revoke the notice, and this applies equally to a wife who holds a delegated right of divorce. The Court also clarified that the phrase “talaq in any form whatsoever” covers every type of talaq, including triple talaq. Therefore, even triple talaq does not dissolve a marriage instantly under Pakistani law.

Another crucial point the Court highlighted was jurisdiction. Since the wife was living in New York, only the Pakistan Mission in New York had the authority to handle the divorce notice. The husband’s attempt to proceed through a Union Council in Karachi was legally invalid. Any proceedings conducted without jurisdiction are void in the eyes of the law.

What This Means for People Facing Divorce

This judgment offers clear guidance to anyone navigating a divorce in Pakistan or abroad. It confirms that the ninety-day waiting period is compulsory and provides both spouses an opportunity to reconsider their decision. It also emphasizes that the correct jurisdiction must be used, especially when one spouse is abroad. Filing in the wrong office can waste time, cause stress, and lead to dismissal of the proceedings. For overseas Pakistanis, this case is especially important because it confirms that divorce notices must be issued through the correct Pakistani mission abroad, not a local Union Council in Pakistan.

Need Guidance? AUJ LAWYERS LLP Can Help

If you are dealing with a divorce, khula, custody dispute or any cross-border family matter, the lawyers at AUJ LAWYERS LLP, Lahore are here to support you. Contact us for reliable, professional advice tailored to your circumstances.

Frequently Asked Questions

Can a divorce notice be withdrawn?

Yes. It can be revoked within ninety days of service.

Does triple talaq take effect immediately?

No. All forms of talaq require the ninety-day period.

Can a wife withdraw a notice if she has the delegated right to divorce?

Yes. Delegated rights include the right to revoke.

What happens if the notice is filed in the wrong Union Council?

The proceedings are void due to lack of jurisdiction.

What if one spouse lives abroad?

The divorce notice must be processed through the Pakistan Mission in that country.

Is motive relevant when revoking a notice?

No. The law allows revocation regardless of intention.

We are here to help

Talk to our lawyers today. We tailor our services around your legal needs so that we can reach the desired outcome together.