Lahore: Lahore High Court (LHC) has dismissed rape case against the husband for establishing conjugal relations after three days of divorce.

The court maintained under Muslim Family Laws Ordinance divorce does not become effective legally before completion of 90 days .

Therefore conjugal relations during this period cannot be declared illegal.

This decision was given by Justice Tariq Salim Sheikh of LHC in his 12-page order on the petition of citizen Jamil Ahmad.

The decision said the husband has right to cancel the divorce and resort to his wife within 90 days after divorce. The nikkah is considered intact during this period.

According to court's decision the respondents were married on April 22, 2024. Later the woman came to know her husband is already married. Conflict arose over it. Husband divorced her on October 14, 2024.

According to woman her former husband raped her on gun point on October 17.

Woman got registered case under rape clauses in Rahim Yar Khan.

The husband took the plea in the court the divorce does not become effective before 90 days under Muslim Family Laws Ordinance. He had resorted to his wife within stipulated period face to face before chairman Union council. Therefore, the woman was his wife legally.

The court maintained after reviewing record the woman too did not deny these facts. Therefore, the marriage of respondents remained sustained in the eyes of law.

Justice Tariq Salim Sheikh made it clear in the decision there are different ways for terminating marriage under Islamic law. However the divorce does not take legal form before completion of 90 days in accordance with Muslim Family Laws Ordinance.

The court said the law differentiates between crime and sin. The act of the petitioner can be described immoral in this case, however, the clauses of rape are not applicable on this base.

The LHC ordered to dismiss the rape case against the petitioner and settled a new legal point in this case.