The Lahore High Court ruled that a husband cannot face rape charges involving his wife before a divorce becomes legally effective. The court linked the ruling to mandatory requirements under the Muslim Family Laws Ordinance (MFLO) 1961. The judgment clarified the legal status of marriage during the reconciliation period.
Justice Tariq Saleem Sheikh issued the verdict. He heard a petition filed by Jameel Ahmad. The petitioner sought the quashing of an FIR. Police had registered the FIR under Section 376 of the Pakistan Penal Code. This section deals with punishment for rape.
Background of the Case and Allegations
According to the FIR, the complainant accused the petitioner of deception. She claimed he lured her into cohabitation. She said he later married her on April 22, 2024. She alleged she discovered his prior marriage afterward. She protested against it, she added.
The complainant stated that the petitioner divorced her on October 14, 2024. She further alleged that on October 17, the petitioner entered her house at night. A co-suspect accompanied him, she claimed. She accused the petitioner of raping her at gunpoint.
The petitioner rejected these allegations. He denied any live-in relationship. He claimed the FIR was filed in retaliation for divorce. He admitted issuing a written talaq deed. He argued that he revoked the divorce on December 23, 2024. The revocation occurred within the 90-day reconciliation period. He also informed the court about a pending suit for restitution of conjugal rights.
Court’s Analysis of Divorce Laws
Justice Sheikh focused on the key legal question. He examined whether talaq had taken legal effect by October 17, 2024. He reviewed Islamic jurisprudence and Pakistani statutory law. He highlighted Section 7 of the MFLO.
The law requires formal notice of talaq to the union council. It also mandates a 90-day reconciliation period. Divorce does not become effective unless the period ends without revocation. The judge noted that the petitioner sent notice to the union council. He also revoked the talaq before the period expired.
Justice Sheikh cited Supreme Court judgments. He stressed that non-compliance with MFLO procedures makes divorce legally ineffective. A talaqnama alone does not dissolve marriage under Pakistani law.
Ruling and Legal Implications
The court observed that the parties remain husband and wife during the reconciliation period. This status continues unless the talaq becomes effective. On October 17, the marriage still existed in law.
Justice Sheikh said the alleged conduct could raise moral concerns. However, it did not meet the legal ingredients of rape under Section 376. The marital bond was legally intact at the time.
The court allowed the petition. It quashed the FIR against the petitioner. The ruling sets a clear legal precedent on marital status and criminal liability.
