| Case ID |
2e82ee21-e341-4780-9299-af0b91d14ad4 |
| Body |
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| Case Number |
Suit No. 983 of 2017 |
| Decision Date |
Jul 03, 2018 |
| Hearing Date |
Apr 23, 2018 |
| Decision |
The High Court ruled that both the plaintiff and defendant, as widows of the deceased, are entitled to receive the family pension in equal shares until the final determination of the suit. The court emphasized that the family pension, as per the Fifth Schedule of the Constitution, is not heritable property and should be distributed according to the relevant statutes. The court noted the burden of proof lies on the plaintiff to establish the validity of the divorce claimed against the defendant, and until such proof is provided, the defendant's entitlement remains intact. |
| Summary |
This case revolves around a dispute over the family pension of a deceased Chief Justice of the Sindh High Court, Mr. Mohammad Afzal Soomro. The primary issue was the entitlement of the pension between two widows, Hina Mumtaz Soomro and Zainab Khatoon. The court examined the legal implications of the divorce deed presented by the plaintiff and the subsequent claims made by the defendant. The ruling clarified that the family pension is governed by the Constitution of Pakistan and is not part of the deceased's estate. The decision highlighted the importance of adhering to the statutory provisions that dictate the distribution of pensions among surviving family members. The court's findings stress the need for clear evidence in matters of divorce and inheritance, particularly in the context of family pensions, which are meant to support the deceased's immediate family. The ruling also serves as a precedent for similar cases involving family pensions and the rights of surviving spouses, reinforcing the legal framework surrounding such entitlements. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
ADNAN IQBAL CHAUDHRY
|
| Lawyers |
Mukesh Kumar G. Karara,
Mehfooz Yar Khan,
Nadir Khan Burdi
|
| Petitioners |
Hina Mumtaz Soomro,
Mohammad Afzal Soomro
|
| Respondents |
Zainab Khatoon,
Abdul Sami Soomro
|
| Citations |
2018 SLD 2562,
2018 PLD 671
|
| Other Citations |
PLD 1991 SC 731
|
| Laws Involved |
Constitution of Pakistan, 1973,
Qanun-e-Shahadat (10 of 1984)
|
| Sections |
205,
Fifth Schedule,
118,
119
|