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INAYAT ULLAH vs Mst — 2024 CLC 1793 PESHAWAR-HIGH-COURT

Case information

Citation
2024 CLC 1793 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
CLC
Parties
INAYAT ULLAH vs Mst
Subject matter
Civil
Provisions referred to
S. 7

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

INAYAT ULLAH VS Mst. SAFIA BEGUM Ss.4, 6, 7 & 8---Enforcement of womans property rights by way of partition---Complaint before Ombudsman---Decision in favour of respondent (woman)---Pendency of suit before the Civil Court on the same subject matter---Effect---Resolution of factual/disputed question by the office of Ombudsman---Scope---Under S.7(1) of the Act the Ombudsperson on gaining knowledge on its own motion or on a complaint filed by any person, may also initiate action regarding ownership or possession of property of a women, even if, proceedings are pending in the court in respect of that property---Section 6 requires an Ombudsperson to make reference of the complaint, in case, the matter requires in-depth inquiry, investigation or detailed recording of evidence or it relates to intricate matters, in which case the Ombudsperson shall forward a reference along with all the reports/ material collected and submit the same to the Civil Court of competent jurisdiction---In the present matter not only intricate question of law and facts were involved, but it also required thorough investigation and recording of pro and contra evidence from both sides, but the Ombudsperson while ignoring Ss. 4, 6 & 7 of the Act, had passed the impugned order, which in no way was sustainable---High Court accepted the appeal and remanded the matter to the Ombudsperson to decide the same in accordance with law.

Other judgments reported in 2024 CLC

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