LHC Rules Husband’s Notification Failure Cannot Block Divorce Certificate

LAHORE: The Lahore High Court (LHC) has ruled that a husband who pronounces ‘Talaq’ (divorce) but fails to notify the union council cannot use his own inaction to invalidate a divorce effectiveness certificate obtained by his wife. This landmark decision was delivered by Justice Anwaar Hussain, who emphasized that a family court is obligated to adjudicate on divorce matters, irrespective of the stipulations in Section 7 of the Muslim Family Laws Ordinance, 1961.

The ruling came in response to a petition filed by Raheel Ahmad, who contested a divorce certificate issued on January 17, 2026, by the relevant union council in favor of his wife, Tayyaba Haq. The couple had previously resided in England, where marital discord had arisen.

Justice Hussain’s decision underscores the importance of legal procedures in divorce cases, particularly regarding the rights of women. The court noted that the wife had asserted that the husband communicated the divorce via email on August 5, 2024, leading her to seek maintenance, dower, and a formal declaration of divorce in family court. The husband’s subsequent lack of attendance at court proceedings further complicated his position.

In light of this ruling, there are calls for a review of Section 7 of the Muslim Family Laws Ordinance to enhance the rights of women in divorce proceedings, ensuring that they can effectively communicate a pronounced divorce to the appropriate authorities. Legal experts suggest that such reforms could provide greater clarity and protection for women in similar situations.