The Supreme Court has ruled that a divorce does not become effective until the mandatory 90-day period has elapsed, and a wife who holds an unconditional delegated right of divorce retains the authority to withdraw her notice within this timeframe.
A three-member bench, led by Chief Justice Yahya Afridi, dismissed the appeal filed by Muhammad Hassan Sultan, upholding the decisions of both the Union Council and the Sindh High Court.
Justice Shafi Siddiqui authored the 12-page judgment, confirming the legality of the earlier rulings. The court noted that the couple had been residing in New York following their marriage. In July 2023, the wife issued a divorce notice to her husband from Karachi after returning to Pakistan with their daughter. However, on August 10, 2023, she submitted an application to withdraw that notice.
The court highlighted that, under Pakistani law, divorce proceedings must be initiated from the place where the wife resides. Since the wife was residing in New York at the time, Karachi authorities lacked jurisdiction, and the case should have been handled through the Pakistan Mission in New York. Consequently, the wife’s application to withdraw her divorce notice in New York was valid and did not conflict with any proceedings in Pakistan.
The Sindh High Court had previously upheld both Union Council decisions, dismissing the husband’s petition and ruling that the wife’s withdrawal within the 90 days meant the divorce never took effect.
The Supreme Court’s judgment clarified two key issues: first, that any form of divorce can be withdrawn within the 90-day waiting period; and second, that a wife who has been granted the unconditional delegated right of divorce retains the right to revoke it during that time.
This ruling reinforces the legal recognition of the 90 days as a safeguard in divorce proceedings, ensuring that both parties have time to reconsider and that a wife’s right to retract her divorce notice is protected under Pakistani law.
