Procedure of Divorce in Pakistan

MFLO 1961 Muslim Family Law ordinance 1961 Section 7

•  (1) Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq in any form whatsoever, give the Chairman notice in writing of his having done so, and shall supply a copy thereof to the wife.

•   (2) Whoever, contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

•   (3) Save as provided in sub-section (5), a talaq, unless revoked earlier, expressly or otherwise, shall not be effective until the expiration of ninety days from the day on which notice under sub-section (1) is delivered to the Chairman.

•  (4) Within thirty days of the receipt of notice under sub-section (1), the Chairman shall constitute an Arbitration Council for the purpose of bringing about a reconciliation between the parties, and the Arbitration Council shall take all steps necessary to bring about such reconciliation.

•  (5) If the wife be pregnant at the time talaq is pronounced, talaq shall not be effect until the period mentioned in sub-section (3)] or the pregnancy, whichever be later, ends.

•  (6) Nothing shall debar a wife whose marriage has been terminated by talaq effective under this section from remarrying the same husband, without an intervening marriage with a third person, unless such termination is for the third time so effective.

 

The Muslim Family Laws Ordinance (MFLO), 1961, specifically Section 7, outlines the procedures and conditions related to Talaq (divorce) for Muslim men in Pakistan. Below is a detailed explanation of each sub-section:Section 7 - Talaq (Divorce)

 Sub-section (1): Notice of Talaq to the Chairman

• Requirement: A man who wishes to divorce his wife (through Talaq) must notify the Chairman (of the relevant Arbitration Council) in writing as soon as possible after pronouncing the divorce.

• Provision: The husband is also required to provide a copy of this notice to his wife.

• Purpose: This ensures that the divorce is officially recorded and the Arbitration Council is informed promptly.

Sub-section (2): Punishment for Non-Compliance

• Offense: If a man fails to comply with the notice requirement (i.e., not submitting a written notice of divorce to the Chairman or providing a copy to the wife), he can be penalized.

• Penalty: The penalty can be:

  • Imprisonment: Simple imprisonment for up to one year, or

  • Fine: A fine of up to five thousand rupees, or

  • Both: Imprisonment and fine together.

Sub-section (3): Effectiveness of Talaq

• Waiting Period: A divorce (Talaq) pronounced by the husband will not be effective immediately.

• Time Frame: The Talaq will only become effective 90 days after the notice is delivered to the Chairman, unless the notice is revoked earlier by the husband (either expressly or otherwise).

• Purpose: The waiting period is designed to allow time for possible reconciliation, and to safeguard the rights of the wife, particularly in cases where reconciliation might be possible.

Sub-section (4): Constitution of Arbitration Council

• Time Limit: Within 30 days of receiving the notice of Talaq under Sub-section (1), the Chairman must form an Arbitration Council.

• Objective of the Council: The Arbitration Council’s main goal is to facilitate reconciliation between the husband and wife.

• Steps for Reconciliation: The Council is responsible for taking all necessary actions to try and reconcile the couple, such as mediation or counseling, to prevent the divorce from becoming final.

Sub-section (5): Effect of Talaq During Pregnancy

• Special Condition: If the wife is pregnant at the time of the divorce (Talaq), the divorce will not be effective until:

  • The pregnancy ends, or

  • The 90-day period (as mentioned in Sub-section 3) expires, whichever is later.

• Reason: This provision ensures that the welfare of the unborn child is considered, and the husband cannot escape his marital responsibilities during the pregnancy.

Sub-section (6): Remarriage After Talaq

• No Restriction on Remarriage: A woman whose marriage has been terminated by Talaq under this section is not restricted from remarrying the same husband.

• Condition: She can remarry the same man without an intervening marriage to a third party.

• Exception: This remarriage option is only available if the divorce is not the third instance of Talaq being pronounced by the husband. If the husband pronounces Talaq for the third time, the divorce becomes final and the woman cannot remarry him without going through an intervening marriage with another man (referred to as "Talaq-ul-Bain").

Summary of Key Points:

1. Notice Requirement: After pronouncing Talaq, the husband must give written notice to the Chairman and the wife.

2. Penalties: Failure to do so results in imprisonment, a fine, or both.

3. Waiting Period: The divorce becomes effective only after 90 days, unless revoked earlier.

4. Arbitration: The Chairman must form an Arbitration Council within 30 days to help reconcile the couple.

5. Pregnancy Clause: Talaq is delayed if the wife is pregnant.

6. Remarriage: A woman can remarry her ex-husband without an intervening marriage unless the Talaq has been pronounced three times.

This law emphasizes reconciliation and safeguarding the rights of both parties, particularly the wife, by ensuring a cooling-off period and an attempt at mediation before the divorce becomes final.

 

Case Law on the Valdidity of Talaq Biddat

• Three divorces in one sitting

• Divorce, finality of

• Death of husband during Iddah period

Respondent/widow of deceased was deprived in succession certificate issued by Trial Court on the ground that she had been divorced by her husband.High Court set aside the judgment passed by Trial Court and declared respondent as widow of deceased who had died during the period of Iddah

Validity

Legislative intent in section 7(3) of Muslim Family Laws Ordinance, 1961 is to discourage hasty divorces requiring a cooling-off period which is consistent with Islamic principles.Far from being repugnant to the Islamic Injunctions, provision of section 7(3) of Muslim Family Laws Ordinance, 1961 is in harmony with the Quranic commandment found in Surah Al Baqrah, which enjoins a period of waiting and reflection before the finality of divorce

Islam has permitted dissolution of marriage in cases of necessity

• This is a course strongly discouraged and disapproved in principle and the Quran prescribes a structured procedure for when divorce becomes final and absolute, which necessarily includes observance of Iddah, that is, a waiting period a woman must observe following the death of her spouse or a divorce

• Iddah is not merely symbolic but serves a substantive purpose, for it allows for reflection, potential reconciliation and possible retraction of pronouncement of divorce

• Recognizing Talaq-e-Biddat as immediately effective undermines such essential safeguard, depriving husband of opportunity to revisit a hasty decision and being in clear conflict with the Quranic injunctions governing sanctity and dissolution of marriage

• Written talaq pronounced by deceased husband had not become final in accordance with the injunctions of the Holy Quran nor did it fully comply with the mandatory statutory period under section 7(3) of Muslim Family Laws Ordinance, 1961

Held:

Respondent continued to remain lawful widow of her deceased husband and was entitled to inherit his estate

Supreme Court declined to interfere in judgment passed by High Court---Petition for leave to appeal was dismissed and leave to appeal was refused.

 AZIZ AHMAD VS Mst. MUSARAT  (PLD 469 SUPREME-COURT---2025 )

 

 

Arbitration Council declined to issue divorce Effectiveness Certificate

• Constitutional petition

• Divorce Effectiveness Certificate

• Foreign judgment

Effect

Petitioner and respondent were husband and wife but the relationship ended in divorce pronounced by foreign Court of competent jurisdiction

Respondent / Arbitration Council declined to issue divorce Effectiveness Certificate

Validity

• Provision of S. 7 of Muslim Family Laws Ordinance, 1961 merely regulates process of recognition by requiring parties to abide by mandatory process, involving 90-day reconciliation period, before divorce is recognized as being effective

• Foreign Court in California issued proclamation with regard to dissolution of marriage of parties during pendency of instant petition

• Neither party contested jurisdiction of foreign court to do so

Held

Such pronouncement had to be given effect in terms of S. 13, C.P.C. There was nothing preventing respondent / Arbitration Council from issuing a certificate of effectiveness of divorce in terms of S. 7(3) of Muslim Family Laws Ordinance, 1961 in view of the judgment of dissolution of marriage already issued by a competent foreign court.Constitutional petition was allowed, in circumstances.

SARDAR ALI ZIA KHAN VS THE ARBITRATION COUNCIL (CLC 22 ISLAMABAD 2025)