SHEHNAZ AKHTAR vs Mst — 2022 PLD 360 ISLAMABAD

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SHEHNAZ AKHTAR VS Mst. ZEENAT TARIQ S.4---Specific Relief act (I of 1877), Ss. 42 & 54---Suit for declaration, injunction, partition and mesne profit---Pre-deceased child---Right of inheritance---Dispute between the parties was with regard to right of widow of pre-deceased children of propositus and extending of benefit under S. 4 of the Muslim Family Laws Ordinance, 1961, by granting them rights of inheritance from estate of parents of their pre-deceased spouses---Held, that benefit under S.4 of Muslim Family Laws Ordinance, 1961, was not confined to children/offspring of pre-deceased children of propositus but also to widow or any other legal heir of such pre-deceased children---Words "legal heirs of such son or daughter" were not employed and instead "the children of such son or daughter" were used in S.4 of Muslim Family Laws Ordinance, 1961---Exception was created under S.4 of Muslim Family Laws Ordinance, 1961, by altering Islamic laws of inheritance applicable to orphaned grandchildren and the same was to be construed strictly---Meaning of the word "children" could not be stretched to include "widows" or "any other legal heir" of pre-deceased child of the propositus no matter which canon of statutory interpretation was adopted---High Court declared that contention of appellant that under S.4 of Muslim Family Laws Ordinance, 1961, children (i.e., sons and daughters only) in addition to the widows or any other legal heir of a predeceased child of the propositus would also inherit, was bereft of substance---High Court directed local commission to discharge its obligations in accordance with directions issued by Trial Court in its preliminary decree---appeal was dismissed, in circumstances.

SHEHNAZ AKHTAR vs Mst — 2022 PLD 360 ISLAMABAD

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