Case Details

Citation(s)
2014 SLG 114 2014 SLD 114 2014 PLD 120
Sindh High Court
Civil Revision Application No. 85 of 2013, decided on 4th October, 2012. DATE of hearing: 26th September, 2013
SYED MUHAMMAD FAROOQ SHAH, J
Muhammad Aziz Khan for Applicant. Ms. Nazia Hanif for
Respondent

JAMSHED

VS

SALEEMUDDIN and 4 others

Law:

Section:

Islamic law--- ----Adoption---Adopted child, non mehram to members of the adoptive family. however, adopted child would become mehram to the family, if he or she was breast fed by adoptive mother before the age of two years---Principles---Suit was filed by plaintiff for correction of his father's name on the ground that he was adopted by his sister as son and the name of his brother-in-law was entered in record in the column of father's name---Trial Court decreed the suit in favour of plaintiff but on appeal filed by Board of Secondary Education the was reversed by Lower Appellate Court and suit was dismissed---Validity---Adoption was not recognized by Islamic law---Trial Court had rightly observed that father's name of plaintiff was to be on the record and defendants had not categorically denied the assertions made by plaintiff---No illegality, gross irregularity or error in and decree rendered by Trial Court decreeing suit of plaintiff existed and there was no justification to interfere with the same by Lower Appellate Court---High Court, in exercise of revisional jurisdiction, set aside the and decree passed by Lower Appellate Court and restored that of Trial Court---Revision was allowed in circumstances. Board of Intermediate and Secondary Education v. Muhammad Zaheer Ahmed 1994 MLD 2208; Administrative Committee of High Court of Sindh and another v. Arjun Ram K. Talreja and another 2008 SCMR 255=2008 PLC (C.S.) 376. The Board of Intermediate and Secondary Education, Sargodha v. Mst. Surriya Andleeb 2009 MLD 1252, Zainub Bibi v. Mst. Majidan Bibi 1988 MLD 837; Muhammad Hamdan Sheikh v. The Chairman, Board of Secondary Education, Karachi PLD 1998 Kar. 59 and Muhammad Arshad and another v. Mian Noor Ahmed and others 2008 SCMR 713 ref. Bashir and others v. Ilam Din and others PLD 1988 SC 8; Manzoor Hussain v. Zahoor Ahmed and 4 others 1992 SCMR 1191; Nawab and 3 others v. Qaisar Abbas 2006 YLR 721; Board of Intermediate and Secondary Education v. Muhammad Ishaque 2006 CLC 1850 and NLR 2010 Civil 2005(sic) distinguished. JUDGMENT SYED MUHAMMAD FAROOQ SHAH, J.---The applicant named above preferred the instant Revision Application praying therein to set-aside the…
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