Mst. MUSARAT vs AZIZ AHMAD S — 2023 PLD 88 PESHAWAR-HIGH-COURT

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Mst. MUSARAT VS AZIZ AHMAD S. 7---Written Talaq---Effectiveness---Principle---Pronouncement of Talaq and its effectiveness in case of Talaq-Nama or oral Talaq reduced into writing, as the case may be, and other legal axillary and ancillary consequences are regulated by S. 7 of Muslim Family Laws Ordinance, 1961. Talaq---Effectiveness---Marz-al-Maut ( )---Widow---Right of inheritence---In case of Talaq Rajia (Talaq Ahsan and Talaq Hassan) given during the days of , it would have no effect on the right of widow to have share in legacy of her husband if her husband dies before completion of Iddat period of wife---In case of or which is given on the death bed, it would also have no effect upon the right of widow in the legacy of her husband if such husband dies before completion of her Iddat period. S. 372---Muslim Family Laws Ordinance (VIII of 1961), S. 7---Civil Procedure Code (V of 1908), S.115---Succession certificate---Divorce---Proof---Petitioner claimed her share in succession of her deceased husband---Respondents resisted claim of petitioner on the plea that she had been divorced by the deceased during his life time---Trial Court and Lower Appellate Court concurrently rejected right of petitioner---Validity---Neither scribe nor Notary Public knew the deceased---Scribe of alleged Talaq-Nama stated that deceased was identified by his son who happened to be a Patwari and as such a direct beneficiary of alleged Talaq-Nama remained on front foot without associating any independent person with the process of execution of alleged Talaq-Nama---Identity of deceased was not established before scribe of the deed through independent, trustworthy and confidence inspiring evidence---High Court in exercise of revisional jurisdiction set aside judgments passed by Trial Court and Lower Appellate Court and petitioner was held entitled to her Shari share in the legacy of her deceased husband---High Court directed the Trial Court to revoke earlier succession certificate and issue a second succession certificate duly reflecting share of petitioner along with all other legal heirs of deceased---Revision was allowed accordingly. Inheritance---Limitation---Legacy of a Muslim, under Islamic Law, opens the moment when he dies---All legal heirs who are living on the day of his/her death become entitled for their respective shares in the legacy of deceased.

Mst. MUSARAT vs AZIZ AHMAD S — 2023 PLD 88 PESHAWAR-HIGH-COURT

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