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Death of Husband during Talak Case

PLJ 2014 Lahore 340 · Lahore High Court

This case from the Lahore High Court dealt with a dispute over whether a divorce (talaq) had legally taken effect before a husband's death, which determined whether his widow retained her status as a wife and heir, or whether the father of the deceased could claim property as if she were divorced.

The deceased husband allegedly sent a notice of talaq to his wife on 14 June 2011. He died just six days later, on 20 June 2011, from a cardiac arrest. His father then petitioned the court to compel the local administrator to issue a formal divorce certificate, arguing that under the Muslim Family Law Ordinance, 1961, the 90-day waiting period should still run its course and the talaq should be treated as effective. The wife argued the notice was fabricated and backdated, pointing out that it was purportedly signed in August, weeks after the husband had already died.

The court found serious doubts about the authenticity of the notice, given the impossible dating. But more importantly, it ruled that even assuming the notice was genuine, a talaq only becomes final after 90 days, during which the husband retains the right to revoke it. Since the husband died within that period, the divorce never became effective. The court suspected the father was attempting to manipulate the process to seize the deceased's property, especially since the couple had four minor daughters. The petition was dismissed, affirming the widow's status as a lawful widow and heir.

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