Citation name: 2025 SCP 449 – Notice Period in Divorce and Wrong Jurisdicition in Divorce
The petitioner/husband challenged two orders of the Union Council and the High Court’s decision regarding divorce proceedings initiated by respondent No.2/wife through delegated powers. The Supreme Court noted that the respondent No.2/wife had served a divorce notice under Section 7 of the Muslim Family Laws Ordinance, 1961 and lawfully withdrew it within the mandatory ninety-day period, meaning the divorce never took effect. The Court reaffirmed that Section 7 applies to all forms of talaq, including talaq-e-bidat, and that no divorce becomes effective until ninety days after notice, allowing withdrawal within that time. It further held that the petitioner/husband’s subsequent divorce notice was rightly disposed of for lack of jurisdiction, as at the relevant time the respondent No.2/wife was residing in New York and proceedings should have been initiated before the Pakistan Mission there. The Supreme Court concluded that the High Court had correctly applied the law, and therefore found no error in the impugned judgment.
