The Supreme Court has ruled that a divorce does not become effective until the completion of the mandatory 90-day period, and a wife with an unconditional delegated right of divorce also retains the right to withdraw her notice within that period.

A three-member bench headed by Chief Justice Yahya Afridi on Saturday dismissed the appeal filed by Muhammad Hassan Sultan and upheld the decisions of the Union Council and the Sindh High Court.

Justice Shafi Siddiqui authored the 12-page judgment, declaring both earlier decisions lawful.

The court noted that the couple had been living in New York after marriage.

In July 2023, the wife issued a divorce notice to her husband from Karachi after returning with her daughter.

On August 10, 2023, she submitted an application withdrawing that notice.

According to the judgment, the Union Council informed the court that the wife was residing in New York at the time.

Under Pakistani law, divorce proceedings must be initiated from the place where the wife resides.

Therefore, Karachi authorities had no jurisdiction, and the case should have been processed through the Pakistan Mission in New York.

The decision added that Pakistani law recognises the withdrawal of a divorce notice within 90 days.

The wife’s application filed in New York was valid and had no conflict with any proceedings in Pakistan.

The Sindh High Court had earlier upheld both Union Council decisions and dismissed the husband’s petition, ruling that the wife withdrew her notice within the prescribed 90 days and thus the divorce never took effect.

The appeal before the Supreme Court had raised two key questions: whether any form of divorce can be withdrawn within 90 days, and whether a wife who has been granted the delegated right of divorce also holds the right to revoke it.