Effectiveness of Talaq

There are three important requirements under sub section (1) of section 7 to make a talaq pronounced by the husband effective:

  1. Pronouncement of talaq in accordance with Muslim Law
    II. Service of Notice on the Chairman
    III. Service of copy of the notice on the wife.

If anyone if these conditions is not satisfied the talaq would not become effective even after 90 days. The supply of copy to the wife is necessary part of the requirement of service of notice to the chairman similarly the provision as to the notice to the chairman following pronouncement of talaq is a mandatory requirement. Where the wife herself admits that she had been divorced by the husband the date of effectiveness of the divorce would be on the basis of the admission of the wife. Husband would be deemed to have divorced his wife on the date when he made statement in court that he had divorced her. T make a procedure contemplated by section 7 of the ordinance it not, it does not in absence of evidence on record to prove pronouncement of talaq by husband would be ineffective qua inheritance rights of wife after death of husband. Proceedings under provision of section 7 Muslims family Laws Ordinance 1961 are primarily designed towards bringing about reconciliation between spouses.

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