| Case ID |
f9e1c745-3571-471d-9638-d9bd6a8bc176 |
| Body |
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| Case Number |
F.A.O. No. 144-P of 2021 |
| Decision Date |
Dec 09, 2022 |
| Hearing Date |
Sep 28, 2022 |
| Decision |
The Peshawar High Court partially allowed the appeal filed by the appellants against the order of the Ombudsman (Khyber Pakhtunkhwa) dated June 18, 2021. The court found that the order allowing the sealing of the disputed property was without jurisdiction. It was determined that the Ombudsman, while functioning in a quasi-judicial capacity, cannot interfere with matters already pending before a competent civil court, as this would conflict with Article 175(2) of the Constitution. However, the order of attachment of the disputed property was upheld, ensuring that the rights of the parties were preserved until the underlying suit was resolved in the civil court. The judgment emphasized the importance of adhering to the procedural requirements outlined in the Civil Procedure Code for property attachment and reinforced the separation of powers doctrine inherent in the Constitution. |
| Summary |
This case revolves around the appeal filed by Mst. Falak Shehnaz and another against the order of the Ombudsman concerning the property rights of women under the Khyber Pakhtunkhwa Enforcement of Women’s Property Rights Act, 2019. The court analyzed the jurisdiction of the Ombudsman in relation to ongoing civil litigation and the constitutional framework governing property disputes. The judgment highlighted the importance of adhering to legal processes and maintaining the separation of powers between the judiciary and executive branches of government. It addressed the rights of women in property inheritance, reflecting on the broader implications of gender equality and legal protections under Pakistani law. The case serves as a critical reference point for future litigation involving the rights of women and the enforcement of property rights, emphasizing the need for effective legal remedies and procedural compliance. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Syed Arshad Ali
|
| Lawyers |
Mr. Ghulam Mohy-ud-Din Malik,
Ms. Shakila Begum,
Mr. Zahid Ullah Zahid
|
| Petitioners |
,
Mst. FALAK SHEHNAZ
|
| Respondents |
others,
Mst. FARAH DEEBA
|
| Citations |
2023 SLD 7066,
2023 PLJ 94
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, 1973,
Khyber Pakhtunkhwa Enforcement of Women’s Property Rights Act, 2019,
Civil Procedure Code, 1908,
Protection Against Harassment of Women at Workplace Act, 2010
|
| Sections |
175(2),
4,
8,
O.XXXVIII R. 7,
7
|