Law: Khyber Pakhtunkhwa Enforcement of Women's Property Rights Act, 2019

Section: 4,5,6,7

REMARKS

Held: The scope of Section-6 of the KP Enforcement of Women\'s Property Rights Act, 2019—Ombudsperson\'s duty to submit reference to the civil court elaborated in the facts and circumstances of the case.
Legal challenges in the implementation of decision by the Ombudsperson in the given circumstances, in which the complainant/woman is a joint owner with others, explored and viz-a-viz the application of Section-6 of the Act, 2019.
(Appeal allowed)

Case Summary:Two-word Description:
Inheritance Dispute ✅
The case involves a dispute over the distribution of inheritance (shari shares) of late Aftab Gul. The complainant, Ms. Hassan Pari, claimed her share of the property and filed a complaint under the KP Enforcement of Women’s Property Rights Act, 2019. The Ombudsperson allowed the complaint ex parte, but the respondents (her brothers) appealed, arguing that they were not heard and that the matter involves intricate civil adjudication due to the complexity of the property and pending civil suit. The Peshawar High Court found that the appellants were denied a fair hearing and that the Ombudsperson should have referred the matter to the civil court under Section 6 of the Act. The ex parte order was therefore set aside.