Perusal of section 7(3) of the Muslim Family Law Ordinance, 1961 (Ordinance) manifests that talaq by husband can be revoked expressly or otherwise before expiry of 90 days.......

 2023 CLC 1673

Perusal of section 7(3) of the Muslim Family Law Ordinance, 1961 (Ordinance) manifests that talaq by husband can be revoked expressly or otherwise before expiry of 90 days, however, section 21(3) of the Family Court Act, 1964 (Act) is a nonabstante clause and under clause (b) of subsection (3) of section 21 of the Act, there is no room of revocation available for the decree of khula and only way decree will become ineffective if reconciliation has been effected between the parties in accordance with the provisions of the Ordinance. The presence of word "revoke" in section 7(3) of the Ordinance and its conspicuous absence in section 21(3)(b) of the Act, leave no manner of doubt that decree of khula will only become ineffective if within 90 days, a reconciliation has been affected between the spouses on the basis of mutual or bilateral arrangement.