| Case ID |
43d70be6-e3b0-4d06-953c-87bc5c81f5ba |
| Body |
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| Case Number |
Civil Revisions Nos.86 and 87 of 2004 |
| Decision Date |
Dec 12, 2008 |
| Hearing Date |
Feb 12, 2008 |
| Decision |
The decision of the Peshawar High Court in the civil revisions Nos. 86 and 87 of 2004 upheld the judgments of the Additional District Judge-I, D.I. Khan. The court ruled that the plaintiffs, Haji Allah Dewaya and others, were entitled to a decree for declaration, possession of a house, and recovery of golden ornaments from the petitioners. The court emphasized that the admissibility of a photocopy of the dower deed was valid as it was accepted without objection during previous proceedings. Furthermore, it was established that Mst. Lal Bibi, the deceased's wife, had a legal right to her share in the inheritance, and the claims made by the petitioners were dismissed due to lack of evidence supporting their assertions of divorce. |
| Summary |
This case revolves around the inheritance rights of Mst. Lal Bibi following the death of her husband, Muhammad Manzoor. The Peshawar High Court deliberated on the admissibility of evidence regarding the dower deed and the legitimacy of the marriage between Mst. Lal Bibi and Muhammad Manzoor. The court ultimately ruled in favor of the plaintiffs, affirming their rights to a share of the inheritance and the dower property. The case highlights key legal principles regarding marriage, inheritance rights, and the admissibility of documentary evidence in court. The legal precedents cited include the necessity of registering dower deeds and the implications of divorce in inheritance claims. This ruling is significant for understanding women's rights in inheritance under Islamic law. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD ALAM KHAN, J
|
| Lawyers |
Muhammad Mazhar, Special Attorney for Petitioners,
Muhammad Ramzan, Attorney on pre-admission notice for Respondents
|
| Petitioners |
Mst. REHMAT BIBI through L.Rs. and others
|
| Respondents |
Haji ALLAH DEWAYA and 2 others
|
| Citations |
2009 SLD 499 = 2009 CLC 390
|
| Other Citations |
National Bank of Pakistan, Bannu Branch through its Manager v. Syed Mir 1987 CLC 1103,
Fazlur Rehman v. Mst. Sosan Jan and others 1989 SCMR 561,
Inayat Ullah v. Mst. Parveen Akhtar 1989 SCMR 1871,
Anwar Khan and 16 others v. Sahibzada and 3 others 1989 CLC 1327,
Muhammad Akram v. Farman Bibi PLD 1989 Lah. 200
|
| Laws Involved |
Qanun-e-Shahadat (10 of 1984),
Registration Act (XVI of 1908),
Islamic Law
|
| Sections |
74,
78,
17
|