Law: Constitution of Pakistan, 1973

Section: 205,Fifth Schedule.

Law: Qanun-e-Shahadat (10 of 1984)

Section: 118,119

(a) Islamic law-- ----Inheretance---Tarka---Pension---Pension of a deceased was not heritable property i.e. it did not constitute 'tarka'of the deceased, and its distribution would be governed under the statute/rules that provided for such pension. Wafaqi Hakoomat-e-Pakistan v. Awamunnas PLD 1991 SC 731 ref. (b) Constitution of Pakistan--- ----Art. 205 & Fifth Sched.---Qanun-e-Shahadat (10 of 1984), Arts. 118 & 119---Retired Chief Justice of the High Court---Pension---Dispute between widows of the deceased Chief Justice over 'family pension'---Plaintiff (second wife of deceased) claimed that the deceased had divorced the defendant (first wife of deceased), followed by divorce confirmation certificate; and that the defendant and her children were, thus, not entitled to inherit from the deceased---Contention of defendant that she had never been divorced and the divorce deed and divorce confirmation certificate were manipulated since the deceased suffered from mental illness and did not have the capacity to act as such---Validity---For determining as to who was entitled to receive pension on the demise of a High Court Judge due to illness after retirement, only the Fifth Schedule to the Constitution that was relevant---Under Cl. 5 of the Fifth Schedule to the Constitution since the widow(s) were alive and had not re-married, only they are entitled to receive the family pension of the deceased and not any other legal heir---Notice allegedly sent to the concerned Union Council for initiating proceedings for confirmation of divorce with the defendant, was not signed by the deceased but by his counsel, and it was sent after 2 years of the divorce deed, making both the divorce deed and the said notice controversial---Furthermore the divorce confirmation certificate was subsequently cancelled by the issuing authority, therefore, apart from a disputed divorce deed, which was yet to be proved, there was presently nothing else to question the status of the defendant as widow of the deceased---In terms of Arts. 118 & 119 of the Qanun-e-Shahadat Order, 1984 the burden to prove the disputed divorce deed laid on the plaintiff, and till such time she did so the…

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