LAHORE: The Lahore High Court has rejected a husband’s claim that he had divorced his wife “in jest” through email, ruling that the divorce was legally effective.
The court dismissed a petition filed by Raheel Ahmed challenging a decision by the Union Council, which had declared the divorce effective and issued a certificate to that effect.
In its judgment, the high court maintained the Union Council’s decision, observing that a woman cannot be left in uncertainty about her marital status.
The court said that if a husband fails to notify the Union Council about a divorce, the wife can approach the council herself and initiate the process.
The court also recommended that the government consider amendments to the existing divorce law and ordered that a copy of the judgment be sent to all family courts across Punjab for guidance.
The judgment stated that a husband cannot take advantage of his own legal failure to halt the divorce process. It further held that a family court cannot refuse to determine whether a divorce has taken place.
Rejecting the husband’s argument that the divorce had been given as a joke, the court observed that the 90-day reconciliation period in divorce proceedings is not intended to create uncertainty over a woman’s marital status.
According to the judgment, the husband had sent the divorce to his wife by email but did not notify the Union Council. The wife subsequently approached the council herself.
The woman had also moved a family court seeking the return of her dowry articles and other related claims. While deciding the remaining issues, the family court directed her to approach the Union Council regarding the effectiveness of the divorce.
The Union Council subsequently declared the divorce effective after the husband failed to appear before it. The high court observed that the woman could not be kept in a state of uncertainty because of the husband’s delaying tactics.
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The ruling provides guidance to family courts on handling disputes concerning the effectiveness of divorce and the legal consequences of failing to notify the relevant Union Council.
