Divorce becomes effective after three months under law

ISLAMABAD: Divorce pronounced in any form whatsoever is legally finalized after at least three months’ “cooling off period” that is meant for conciliation between the couple, according to the Muslim Family Laws Ordinance (MFLO) 1961.
“The divorce doesn’t conclude instantly the moment it is uttered even thrice,” a senior constitutional expert told The News, explaining the MFLO.He said that the divorce will take place according to the same law under which the marriage has been registered. Under the MFLO, marriage is not a private affair and the State has a role in it.
A district administration official, who has been dealing with divorce matters, said such breakup consummates after at least ninety days. Before these three months, none of the
parties can remarry without a legal certificate to be issued about the divorce by the government after this timeline. For female, the period for re-marrying differs in certain circumstances.
The official said that the ninety days’ time has been provided by the law to enable the couple to rethink their decision leading to a patch-up so that the family is saved from the agony of divorce.
The religious lobby doesn’t fully agree with certain provisions of the MFLO, but this is the law of the land under which all divorces are dealt with and the courts also follow it.
Under section 7(1) of the MFLO, any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of ‘talaq’ (divorce) in any form whatsoever, give the Chairman (of the union council or UC) a notice in writing of his having done so, and shall supply a copy of it to the wife.
In the case of Islamabad city, the Assistant Director, Local Government (ADLG), serves as the chairman, and for the rural areas of the federal capital, the respective assistant commissioners hold this position.
According to section 7(2), whoever contravenes this provision shall be punishable with simple imprisonment for a term which

may extend to one year, or with fine which may extend to Rs5,000, or with both.
Under subsection 3, talaq, unless revoked earlier, expressly or otherwise, shall not be effective until the expiration of ninety days from the day on which the notice is delivered to the chairman.
The following subsection says within thirty days of the receipt of notice, the chairman shall constitute an Arbitration Council (AC) for the purpose of bringing about conciliation between the parties, and the AC shall take all steps necessary to bring about such reunion.
However, if the wife is pregnant at the time talaq is pronounced, divorce shall not be effective until the ninety days’ period or the pregnancy, whichever occurs later, ends.
Under subsection 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.
Section 8 says where the right to divorce has been duly delegated to the wife and she wishes to exercise it, or where any of the parties to a marriage wishes to dissolve the marriage otherwise than by talaq the provisions of section 7 shall, mutatis mutandis and so far as applicable, apply.
The MFLO says an AC means a body consisting of the chairman and a representative of each of the parties to a matter dealt with this law. Provided that where any party fails to nominate a representative within the prescribed time, the body formed without such nominee shall be the AC.
It says the chairman means the chairman of the UC or a person appointed by the federal government in the Cantonment areas or by the provincial government in other areas or by an officer authorised in that behalf by any such government to discharge the functions of chairman under the MFLO. Provided that where the UC chairman is a non-Muslim, or he himself wishes to make an application to the AC, or is, owing to illness or any other reason, unable to discharge the functions of chairman, the AC shall elect one of its Muslim members as chairman.