2005 PLP 1240 (CLC)
MUHAMMAD KHAN and others — Petitioners Versus MUHAMMAD ISHAQ and others — Respondents
| Citation | 2005 PLP 1240 (CLC) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | MUHAMMAD KHAN and others — Petitioners Versus MUHAMMAD ISHAQ and others — Respondents |
| Primary Law | Muslim Family Laws Ordinance (VIII of 1961) |
Q1: What are the key laws and sections cited in 2005 PLP 1240 (CLC)?
This judgment primarily cites: Muslim Family Laws Ordinance (VIII of 1961) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP 1240 (CLC)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1240 (CLC) (MUHAMMAD KHAN and others — Petitioners Versus MUHAMMAD ISHAQ and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Amin Khattak Lachi for Petitioner.
Headnotes / Summary
S. 4
Specific Relief Act (I of 1877), Ss.42 & 54
Suit for declaration and permanent injunction
Plaintiffs had contended that S.4 of Muslim Family Laws Ordinance, 1961 by which sons and daughters of pre-deceased son of a deceased, were declared entitled to inheritance of deceased, having been declared against the injunctions of Islam vide judgment of Federal Shariat Court reported as PLD 2000 FSC 1, their case be remanded to original Court for recording evidence of parties after framing issues and for decision on merits
Said decision of Federal Shariat Court in the light of Proviso to cl.(2) of Art. 2,03-D of preferred Constitution was not to take effect before disposal of an appeal preferred to Supreme Court against the decision
Provisions of S.4 of Muslim Family Laws Ordinance, 1961, would remain operative until appeal was disposed of by the Supreme Court.
Judgment & Decree
The learned counsel for the petitioner contended that sections 4 of the Muslim Family Laws Ordinance, 1961, by which the sons and daughters of the pre-deceased son of a deceased was declared entitled to the inheritance of the deceased, has been declared against the Injunctions of Islam vide the judgment of the Federal Shariat Court reported as Allah Rakha v. Federation of Pakistan and others PLD 2000 FSC
1. He relied on 1990 SCMR 1677 and submitted that the case be remanded to the original Court for recording evidence of the parties, after framing the issues and for decision on merits.
2. The above-mentioned decision of the Federal Shariat Court in the light of the proviso to clause (2) of Article 203-D of the Constitution of the Islamic Republic of Pakistan was not to take effect before the disposal of an appeal preferred to the august Supreme Court of Pakistan. As is mentioned in PLD 2003 SC 475, referred to by the learned District Judge in his order, dated 14-1-2005, an appeal has been filed before the august Supreme Court of Pakistan against the said judgment. The provisions of section 4 of the Muslim Family Laws Ordinance, 1961, therefore, are still operative and shall remain operative until the appeal is disposed of by the august Supreme Court of Pakistan to the effect that the decision in the said judgment is confirmed.
3. In these circumstances, the heirs of Mula Khan son of Ayub Khan, who had pre-deceased his father, were entitled to the inheritance of Ayub Khan and the said inheritance has been acted upon.
4. In the light of the above legal position, I do not find any merit in the civil revision in hand, which I dismiss in limine. H.B.T./395/P Revision dismissed.