LAHORE (Dunya News) - The Lahore High Court has quashed a rape case registered against a husband over marital relations that took place within 90 days of pronouncing divorce, ruling that such relations cannot be declared illegal under existing family laws.
In a detailed 12-page written verdict, Justice Tariq Saleem Sheikh held that under the Muslim Family Laws Ordinance, a divorce does not become legally effective until the completion of a 90-day period. During this time, the marriage remains valid, and the husband retains the legal right of ruju (revocation of divorce).
The court observed that marital relations occurring within this legally prescribed period cannot form the basis of rape charges. “Until the expiry of 90 days, the marital bond continues to exist in the eyes of the law,” the judgment stated.
According to the case record, the couple married on April 22, 2024. A dispute arose after the woman discovered that her husband was already married. The husband pronounced divorce on October 14, 2024. The woman alleged that three days later, on October 17, the man forcibly assaulted her at gunpoint and subsequently lodged a rape case in Rahim Yar Khan.
The petitioner argued that the divorce had not attained legal effect and that he had formally revoked it within the stipulated time before the chairman of the union council. The court noted that these facts were not disputed by the complainant.
After reviewing the record, the court concluded that the marriage legally subsisted at the relevant time. Justice Sheikh clarified that while the conduct of the petitioner could be considered morally questionable, criminal liability under rape provisions could not be established.