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.