| Case ID |
1b0e870b-6326-4732-9967-12d175a65056 |
| Body |
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| Case Number |
R.F.A. No. 619 of 2021 |
| Decision Date |
Jul 26, 2022 |
| Hearing Date |
|
| Decision |
The appeal was dismissed with costs. The court upheld the preliminary decree issued by the learned trial court, which granted rights of inheritance under Section 4 of the Muslim Family Laws Ordinance, 1961, to the children of the pre-deceased sons of Mst. Maroof Sultana. The court emphasized the obligation to impose exemplary costs on parties depriving individuals of their rightful inheritance. The court noted that the appellants' desire for fresh issues to be framed indicated an intention to prolong litigation and deprive respondents of their due rights. It was reiterated that inheritance is a matter of right, not need, and the court aimed to protect the rights of the legal heirs as per the relevant laws. |
| Summary |
In the case R.F.A. No. 619 of 2021, the Islamabad High Court addressed inheritance rights under the Muslim Family Laws Ordinance, 1961. The case involved a dispute over the rights of widows and children of pre-deceased sons regarding the inheritance of property. The court ruled that only the children of the pre-deceased sons were entitled to inherit under Section 4 of the MFLO, excluding the widows from inheritance rights. The decision underscored the importance of protecting the rights of legal heirs and preventing undue litigation. The court's ruling was based on prior interpretations of the law and aimed to clarify the scope of inheritance rights in accordance with Islamic law. This case highlights the ongoing discussions around inheritance laws in Pakistan and their implications for family law, making it a significant reference point for future cases involving similar issues. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
MIANGUL HASSAN AURANGZEB, J.
|
| Lawyers |
Mr. Asif Naseem Abassi,
Mr. Asad Hussain Ghalib,
Mr. M. Muzammil Hussain Shah,
Mr. Daniyal Hassan
|
| Petitioners |
SHEHNAZ AKHTAR,
Junaid Tariq
|
| Respondents |
Mst. ZEENAT TARIQ
|
| Citations |
2022 SLD 1477,
2022 PLJ 143
|
| Other Citations |
Not available
|
| Laws Involved |
Muslim Family Laws Ordinance, 1961,
Constitution of Pakistan, 1962
|
| Sections |
4,
203-D(2)(B)
|