Pakistan’s Supreme Court has issued an important decision on the exercise of the right to divorce and its legal status. A three-member bench headed by Chief Justice Yahya Afridi ruled that a 90-day period must be completed after giving a notice of divorce under Section 7 of the Muslim Family Laws Ordinance, even if the party giving the notice withdraws its action.
The court observed that when a husband grants his wife an unconditional right to divorce, this option is considered complete and autonomous, and the wife remains entitled to change her decision during this period.
The decision came in the context of the case of Muriel Shah, who filed a divorce notice in July 2023 but decided to withdraw the proceedings a few weeks later. The Union Council dismissed the matter, which the court ruled was correct.
The Supreme Court also upheld the Sindh High Court’s October 2024 decision in this regard and made it clear that the right to divorce granted to the wife is exercised entirely at her own discretion.
