If the Husband dies during Iddat, the Divorced Wife will be Considered Widow

 

If the Husband dies during Iddat, the Divorced Wife will be Considered Widow

2017 CLC 516

Mst. ROHEELA YASMIN Versus Ms. NEELOFAR HASSAN

The case involves a dispute regarding the inheritance rights of Mst. Roheela Yasmin following the death of her husband, who allegedly divorced her before his death but within the stipulated 90-day period during which he could have revoked the said divorce. The court held that since the divorce had not yet become effective as per S.7 of the Muslim Family Laws Ordinance, 1961, the appellant remained his widow and was entitled to inherit his property. The impugned order was set aside, and the appeal was allowed.

Key Legal Issues:
• Validity and effectiveness of divorce within the 90-day period.
• Right to inheritance under Muslim Family Laws Ordinance.
• Procedure for reconciliation in Islamic law.

Holding:
The court concluded that the divorce pronounced by the deceased husband had not yet become effective as the 90-day period for revocation had not lapsed at the time of his death. As such, the appellant remained the widow of the deceased and was entitled to inherit his property, setting aside the previous order from the learned Single Judge.

Reasoning:
• During the 90-day period, the husband had the option to revoke the divorce.
• Reconciliation proceedings are required within this period as per law.
• Talaq in any form within this period does not become effective until the completion of 90 days.
• The appellant remains as the widow until the period of 90 days expires.

**Appeal allowed**

RAJA ZAHOOR LAW CHAMBER

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