Overview
- A three-judge bench led by Chief Justice Yahya Afridi, with Justices Muhammad Shafi Siddiqui and Mian Gul Hasan Aurangzeb, dismissed the petition and affirmed the Sindh High Court’s 2024 decision.
- The Court held that Section 7’s 90-day window is mandatory for all forms of talaq, including instant triple talaq, and that a divorce becomes effective only after that period unless revoked.
- In the case of Muhammad Hassan Sultan and Morial Shah, the wife issued a divorce notice on July 3, 2023 and lawfully withdrew it on August 10, after which the Union/Arbitration Council closed the proceedings.
- The bench clarified that foreign divorce actions, including in New York, do not negate revocation rights or change the legal effect under Pakistani law.
- The Court upheld related administrative and jurisdictional rulings, including a January 3, 2024 order applying S.R.O. 1086(K)/61 that assigns overseas cases to Pakistan’s diplomatic missions.