If a husband was giving divorce and 2 notices are served and now wife is suffering from illness, does this stop or delay the divorce procedure? In Pakistani law.
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Answer:
Thank you for your question.
Under Pakistani law, specifically the Muslim Family Laws Ordinance, 1961, the process of divorce (Talaq) initiated by the husband involves the following legal steps:
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The husband must pronounce Talaq and then send a written notice of the same to the Chairman of the Union Council.
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A copy of this notice must also be served to the wife.
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Upon receipt of the notice, the Union Council constitutes an Arbitration Council, and a mandatory waiting period of 90 days begins from the date of receipt by the Union Council.
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If reconciliation does not occur within this period, and no revocation (ruju) is made by the husband, the divorce becomes effective after 90 days.
Regarding the wife’s illness:
There is no legal provision under Pakistani law that automatically halts or delays the divorce process due to the illness of the wife. The illness may be a compassionate factor in reconciliation efforts, but legally, it does not suspend or invalidate the prescribed 90-day arbitration and notice period.
However, if the parties wish to reconcile or delay the process voluntarily, they may inform the Union Council in writing, and the husband can revoke the Talaq within the 90-day period.
If you require further assistance or legal representation in this matter, feel free to contact us.
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