PAK LAW GPT — Pakistan Case Law AI justice scale emblemPAK LAW GPTCase law · Urdu & English

Citation Name: 2024 YLR 2238 PESHAWAR-HIGH-COURTBookmark this Case Mst. Hussan Bano vs Mst — 2024 YLR 2238 PESHAWAR-HIGH-COURT

Case information

Citation
2024 YLR 2238 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2024
Reporter
YLR
Parties
Citation Name: 2024 YLR 2238 PESHAWAR-HIGH-COURTBookmark this Case Mst. Hussan Bano vs Mst
Provisions referred to
S. 6; Property Rights Act

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

Citation Name: 2024 YLR 2238 PESHAWAR-HIGH-COURTBookmark this Case Mst. Hussan Bano VS Mst. Muhammadia Bibi Ss. 4, 6 & 8---Reference to Court---Object, purpose and scope---Pendency of civil suit---Respondent / complainant invoked jurisdiction of Ombudsperson with regard to property in question which was already the subject matter of civil suit pending before Civil Court of competent jurisdiction---During pendency of civil suit, the Ombudsperson allowed complaint in favour of respondent / complainant---Validity---Provision of S.6 of Khyber Pakhtunkhwa Enforcement of Women's Property Rights Act, 2019, is non-obstante clause and has superimposing effect over remaining provisions of Khyber Pakhtunkhwa Enforcement of Women's Property Rights Act, 2019---Ombudsperson is bound to refer parties to Civil Court through a reference, where recording of evidence for settlement of issues between the parties is essential---Civil suit with respect to same property and for same relief was already pending where many disputed and contesting objections were raised by appellants regarding subject property which was not a legacy rather was a purchased property---Ombudsperson, under the mandate of Khyber Pakhtunkhwa Enforcement of Women's Property Rights Act, 2019 should have sent a reference to Civil Court where suit between parties was already pending---Ombudsperson wrongly proceeded with the complaint of respondent / complainant and passed order in question---High Court directed the parties to pursue remedy before Civil Court and set aside order passed by Ombudsperson---Appeal was allowed accordingly.

Other judgments reported in 2024 YLR

Back to the case-law library · Search Pakistani case law in Urdu or English