| Case ID |
39a2ff10-046e-411b-bc64-39cf3028ad70 |
| Body |
View case body. Login to View |
| Case Number |
Civil Revision No. 307 of 2017 |
| Decision Date |
Dec 04, 2018 |
| Hearing Date |
Nov 28, 2018 |
| Decision |
The Islamabad High Court set aside the order of the Lower Appellate Court and restored the order of the Trial Court, allowing the issuance of the succession certificate to the petitioner, Sofia Ashfaq. The Court ruled that the marriage of the petitioner with the deceased, Muhammad Ashfaq Bhatti, was valid despite the contention that her previous marriage had not been properly dissolved. The Court emphasized that the issuance of a succession certificate does not determine the legal status of heirs but allows for the collection of debts due to the deceased. The judgment highlights the importance of summary proceedings in succession cases and the necessity of not prejudicing the rights of any party until a final decision is reached in related civil suits. |
| Summary |
The case revolves around the issuance of a succession certificate to Sofia Ashfaq following the death of her husband, Muhammad Ashfaq Bhatti. The respondents contested her claim, arguing that her marriage was invalid due to her prior marriage not being properly dissolved. The Islamabad High Court ruled in favor of Sofia Ashfaq, reinstating the Trial Court's decision to grant the succession certificate. The Court clarified that even if the marriage was irregular, it was not void, and the petitioner was entitled to her share pending any final determination in related civil suits. This case underscores the complexities of family law, succession rights, and the procedural distinctions between summary proceedings and full trials. The decision reinforces the principle that while the issuance of a succession certificate allows for the collection of debts, the underlying legal status of heirs remains subject to further adjudication. |
| Court |
Islamabad High Court
|
| Entities Involved |
Not available
|
| Judges |
Miangul Hassan Aurangzeb
|
| Lawyers |
Sher Afzal Khan,
Barrister Talha Ilyas Sheikh
|
| Petitioners |
Sofia Ashfaq
|
| Respondents |
Haseeb Ashfaq Bhatti,
Javeria Haroon,
Maria
|
| Citations |
2019 SLD 1385,
2019 PLD 238
|
| Other Citations |
Mst. Jamila Akhtar v. Public-at-Large 2002 SCMR 1544,
Muhammad Hanif v. Mukarram Khan PLD 1996 Lah. 58,
Allah Dad v. Mukhtar 1992 SCMR 1273,
Mst. Zahida Shaheen v. The State 1994 SCMR 2098,
Kaneez Fatima v. Wali Muhammad PLD 1993 SC 901,
Mirza Qamar Raza v. Mst. Tahira Begum PLD 1988 Kar. 169,
Muhammad Sher v. Additional Sessions Judge/Justice of Peace, District Khushab 2016 CLC 717,
Liaqat Zaman Khan v. Mst. Tazeem Akhtar 2017 YLR 150
|
| Laws Involved |
Succession Act, 1925,
Civil Procedure Code (V of 1908),
Muslim Family Laws Ordinance, 1961
|
| Sections |
372,
373,
383(e),
387,
O.XVII,R.3,
7,
7(3)
|