**LAHORE, Pakistan** – The Lahore High Court, Bahawalpur Bench, has dismissed a rape charge against a husband who engaged in marital relations with his wife three days after issuing a divorce (talaq). Justice Tariq Saleem Sheikh issued a 12-page written verdict, underscoring the legal status of marriage during the 90-day reconciliation period stipulated by the Muslim Family Law Ordinance.
The court’s decision hinges on the principle that a divorce, under Pakistani law, does not become legally effective for 90 days, during which either party has the right to initiate revocation proceedings. If successfully revoked within this period, the marriage is deemed to have legally continued without interruption.
According to the case details, the couple married on April 22, 2024. The wife later discovered her husband was already married, leading to a dispute. The husband then issued a talaq on October 14, 2024. The wife subsequently alleged that her husband forcibly assaulted her on October 17, 2024, and filed a rape complaint against him.
The husband, who sought the dismissal of the rape charges from the High Court, maintained that the wife had fabricated the story. The central question before the court was the legal validity of the divorce issued on October 14, 2024.
Referencing Islamic laws and the Muslim Family Law Ordinance, the court noted that marriage can be dissolved through various means, including the husband’s will, mutual consent of the parties, or a court decree. However, a wife cannot unilaterally dissolve the marriage without her husband’s consent.
The judgment emphasized that under the Muslim Family Law Ordinance, a divorce is not legally binding or effective until the expiration of the 90-day period. During this time, the husband retains the right to appeal for the revocation of the divorce before the Chairman of the Union Council. If the divorce is revoked within the stipulated period, the marriage is legally considered ongoing.
The court observed that the applicant (husband) had indeed filed an appeal for revocation before the Chairman Union Council within the 90-day window, a fact not disputed by the complainant (wife). Consequently, the High Court concluded that, in the eyes of the law, the marriage between the parties was still legally subsisting, and a divorce had not yet occurred.
While acknowledging that the husband’s conduct post-talaq might be considered morally questionable, the court differentiated between an “immoral act” and a “criminal offense” under the specific legal framework. Therefore, the High Court ruled that proceedings under rape charges could not be initiated against the applicant, leading to the dismissal of the case.
