EFFECTIVENESS OF TALAQ, REVOCATION OF TALAQ, WITHDRAWAL OF NOTICE OF TALAQ, PROCEDURE, Sec.7(3) MUSLIM FAMILY LAW ORDINANCE 1961

 

EFFECTIVENESS OF TALAQ

REVOCATION OF TALAQ

SECTION 7(3) FAMILY LAW ORDINANCE

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 section 7(1) is delivered to the Chairman.

Subsection (3) of section 7 precludes the TALAQ from being effective as such, "for certain

period" and within that period only it could not be said that the marital status of the parties 

would, in any way, be affected.

OBJECT

The object of section 7 is to prevent the hasty dissolution of marriage by TALAQ pronouncement

by the husband unilaterally without an attempt being made to prevent disruption of the

matrimonial status.

If the husband himself  thinks better of the pronouncement of TALAQ and abstains from giving

notice to the Chairman, he should perhaps be deemed, in view of the section to have revoked

pronouncement and that would be to the advantage of wife. 

It was in this context that it was held that the TALAQ would not be effective "for a certain period"

namely ninety days, so as to provide a cushion period during which the parties would have an opportunity of looking at the question of "hasty dissolution of marriage by TALAQ".

PROCEDURE BEFORE ARBITRATION COUNCIL   

A divorce thus does not become effective unless the notice is served on the Chairman of

the union council and ninety days expire from the date of receipt of the notice by him.

The Chairman is required to bring about reconciliation between the parties for which

the purpose he is to give notice to them to nominate their representatives in order to constitute

the Arbitration Council. if any of the parties fails to appear before him, he cannot enforce

his attendance nor default of appearance on the part of any of the parties can be visited with any penal consequence. 

The divorce, notwithstanding the conduct or attitude of any of the parties, shall become effective after the expiry of ninety days unless the divorce is revoked earlier by the husband.

In the event, the parties appear before the Chairman and Arbitration council is constituted

but reconciliation does not succeed, the only thing the council or the chairman may do

is to record in writing that conciliation has failed.

There is no other function on which a chairman or an Arbitration Council is competent to perform on this behalf. if reconciliation does not succeed or the husband does not revoke  TALAQ before expiry.

If under subsection (3) of section 7 of the Ordinance the husband revokes the TALAQ                    before the expiration o ninety days the spouses continue in law to be husband and wife.

The words "unless revoked earlier expressly or otherwise" are significant. 

REVOCATION OF DIVORCE

WITHDRAWAL OF NOTICE

The husband can revoke divorce before the expiry of 90 days from the date when he delivered

to the Chairman. Where the Chairman declared the divorce effective despite the fact

that according to his own order husband had withdrawn/ revoked notice within the period of 90 days, an order declaring divorce effective by the Chairman was illegal and liable to be set aside. 

No notice served in term of S.7 read with S.8 Muslim Family Law Ordinance,1961 and

the result was that the prescribed period of 90 days never started running so as to make divorce

effective at any time after exercise of such right by the wife.

Divorce pronouncement by wife in the exercise of her delegated right of divorce never took effect

The contention of the husband that though he had divorced his wife same was revoked

before its effectiveness not believed by the Court because of cutting, supporting wife's 

claim that the application was moved after dating the effectiveness of divorce. Statement of wife               that due to allegation leveled against her by husband she had developed hatred against

the husband sufficient ground to lose the chance of a reunion of the parties.

A TALAQ can be revoked during reconciliation proceeding information after which Arbitration 

The council would have no jurisdiction or authority to proceed further into the matter either in

confirming divorce or embark upon reconciliation of marriage.