Mst. NIGHAT BANO vs PUBLIC AT LARGE R — 2025 PLC(CS) 589 KARACHI-HIGH-COURT-SINDH

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Mst. NIGHAT BANO VS PUBLIC AT LARGE R.4.7(1)---Word 'family'---Definition provided. Rr. 4.7, 4.8(d) & 4.10(2)(b)(iv)---Succession act (XXXIX of 1925), Ss. 372 & 384---Family pension---Succession Certificate---Eligibility of unmarried sister to receive monthly pension of her deceased and retired sister---after death of her sister, (retired lecturer) petitioner applied for issuance of succession certificate qua pensionary benefits of her deceased sister, however same was refused by the Trial Court---Validity---Dependents, who apply for financial provision, are the deceased wife, husband and children or a child of a family in relation to any marriage or any other person who immediately before the death of the deceased is mentioned, whereas, in the case at hand, appellant was admittedly a government employee and was receiving a pension following her retirement, which implied that she was not reliant on the deceased, as she was earning her income as a government employee---Term "dependent" is defined as an individual with no personal earnings and entirely reliant on his/her sister's income---Simply being an unmarried sister did not automatically qualify the appellant as a dependent of her deceased sister---Dependency is not determined by marital status but by financial reliance---Despite the familial relationship, appellant's financial independence negated her status as a dependent---Succession appeal was dismissed accordingly. Word 'dependent'---Connotation---Term "dependent" carries a significant meaning, denoting an individual who is reliant on another for support---This reliance could be emotional, financial, or physical, underscoring a fundamental inability to exist or sustain oneself independently--Dependent person requires another individual's power, aid, or assistance to navigate life's challenges---This dependency could be a result of various factors such as age, health conditions, financial circumstances, or emotional needs---For instance, a child depends on their parents, requiring their support for survival and growth, similarly, an elderly or ill person may be dependent on a caregiver for his daily needs---In a broader sense, the concept of being "dependent" highlights the interconnectedness of human society, where individuals often rely on each other for survival and prosperity.

Mst. NIGHAT BANO vs PUBLIC AT LARGE R — 2025 PLC(CS) 589 KARACHI-HIGH-COURT-SINDH

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