LAHORE – The Lahore High Court has dismissed a rape case filed by a woman against her husband, stating that the marital relationship was still legally valid under Muslim Family Laws, as the divorce had not yet been finalized according to the required 90-day waiting period.
Justice Tariq Saleem Sheikh delivered the 12-page written judgment in response to a petition filed by Jamil Ahmed, the husband, who sought the quashing of the rape charges. The court ruled that under the Muslim Family Laws Ordinance, a divorce is not legally effective before 90 days, and any marital relations during this period cannot be considered unlawful.
The court clarified that within this 90-day period, a husband has the right to revoke the divorce, and as such, the marriage remains in effect. The couple had married on April 22, 2024, and the woman learned that her husband was already married, leading to a dispute. The husband divorced her on October 14, 2024, but the woman claimed that on October 17, the husband sexually assaulted her at gunpoint, and she filed a rape case in Rahim Yar Khan.
The husband argued that the divorce was not legally binding before the 90-day period and that he had, within the stipulated time, attempted to reconcile with the woman. He stated that as per the law, the marriage remained intact during this period.
After reviewing the evidence, the court found that the woman did not deny the husband’s claim, and thus, the marriage continued to be valid in the eyes of the law.
Justice Sheikh emphasized that under Islamic law, there are various ways to dissolve a marriage, but the Muslim Family Laws Ordinance stipulates that a divorce is not effective before the 90-day period.
The court further stated that while the husband’s actions could be seen as immoral, they did not meet the legal criteria for rape charges.
The high court ultimately ordered the dismissal of the rape case against the husband, setting a new legal precedent on the issue.
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