The Lahore High Court has upheld a divorce communicated through email, rejecting a husband’s argument that he had divorced his wife as a joke.
The court dismissed Raheel Ahmed’s petition challenging a union council’s decision and maintained the certificate declaring the divorce effective.
According to the judgment, Ahmed emailed the divorce to his wife but did not notify the union council. His wife subsequently approached a family court seeking the return of her dowry items and other relief.
After deciding the remaining issues, the family court directed her to approach the union council regarding the divorce’s effectiveness. The council acted on her application and declared the divorce effective after the husband failed to appear.
The high court held that a wife can inform the union council herself if her husband fails to report the divorce. It said a husband cannot use his own failure to fulfill a legal requirement to obstruct the process.
The court also emphasized that a woman cannot be kept uncertain about her marital status because of her husband’s delaying tactics. The 90-day reconciliation process, it said, is not intended to prolong that uncertainty.
The judgment further stated that family courts cannot refuse to determine whether a divorce has occurred.
The high court recommended amendments to the divorce law and ordered copies of its judgment to be sent to all family courts in Punjab for guidance.
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