Law:

Section:

Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 7---Specific Relief Act (I of 1877), Ss.42 & 54---Suit for declaration and injunction---Talaq (Divorce)---Proof---Judgments at variance---Plaintiff claimed that divorce deed executed one day prior to death of her husband was illegal and she was entitled to inherit from the estate of deceased---Trial Court dismissed the suit but Lower Appellate Court allowed appeal and decreed suit in favour of plaintiff---Validity---In a case involving conflicting s and findings of lower courts, the of Lower Appellate Court being the court of re-appraisal of evidence, if was based on evidence and logical reasons, would prevail---Talaq in question could not legitimately deprive plaintiff of her inheritance in the estate of her deceased husband, for its effectiveness---Entire exercise was to be done in the manner provided under the provisions of S.7 of Muslim Family Laws Ordinance, 1961---Copy of divorce deed was to be sent to Union Council concerned which had to issue notice thereof to wife for holding reconciliation proceedings and on failure thereof certificate for effectiveness of Talaq was to be issued on expiry of 90 days---Neither such proceedings were held nor there was any question of such proceedings as husband of plaintiff had died within one day of alleged Talaq---Plaintiff was entitled to share from estate of her deceased husband according to Shariah---Findings of facts rendered by Lower Appellate Court in favour of plaintiff after proper appreciation of evidence were based on proper reappraisal of evidence on record---High Court declined to interfere in and decree passed by Lower Appellate Court as it did not suffer from any illegality or jurisdictional defect--- Defendants failed to point out any misreading or non-reading of evidence by Lower Appellate Court nor any jurisdictional defect was pointed out---Revision was dismissed in circumstances. Muhammad Nasir Mehmud and others v. Mst. Rashidan Bibi 2000 SCMR 1013 ref. THIS JUDGMENT DELIVERED BY: KHADIM HUSSAIN M. SHAIKH, JUSTICE:---.--- This Civil Revision Application is directed against the judgment dated 27.06.2015 and decree dated 30.06.2015, passed by…