Law: Enforcement of Women’s Property Rights Act, 2020

Section: 3,4,5

Law: Protection Against Harassment of Women at the Workplace Act, 2010

Section: 10

Law: Constitution of Pakistan 1973

Section: 10A & 175

Law: Code Of Civil Procedure, 1908.

Section:

Tagline: Jurisdictional Bar on the Federal Ombudsperson (FOSPAH) in Disputed Inheritance and Civil Property Matters; Primacy of Civil Courts in Adjudicating Complex Proprietary Rights. Precise Summary: In the instant case (Sardar Numan Khan v. FOSPAH), the petitioner challenged the legality of orders dated 01.04.2024 and 18.03.2024 issued by the Federal Ombudsperson. The Ombudsperson had entertained a complaint regarding an inherited estate, determined legal shares, and directed the deposit of rental income. The High Court declared the Ombudsperson's orders as coram non judice and void ab initio based on the following judicial determinations: Existing Litigation: It was established that civil proceedings regarding the same property—including a decree for legal heirship and a pending partition suit—were already sub judice or concluded in civil courts before the FOSPAH complaint was filed. Consequently, the jurisdictional bar under Section 4 of the Act of 2020 was triggered, ousting the Ombudsman's authority. Nature of the Controversy: The Court held that the dispute involved "intricate and seriously disputed questions of fact and law" relating to title, valuation, and inheritance. Such matters require the recording of evidence and cross-examination, which are exclusively within the domain of Civil Courts and cannot be settled in summary administrative inquiries. Separation of Powers: The Court emphasized that the Ombudsman’s role is supplementary and residual. It can facilitate the distribution of undisputed or admitted shares of inheritance but cannot adjudicate contested proprietary entitlements. Any attempt by an executive forum to determine substantive civil rights in the presence of a complete judicial mechanism (e.g., CPC, Specific Relief Act) constitutes an unconstitutional encroachment upon the judicial domain. ORDER; INAAM AMEEN MINHAS, J.:- Through the instant writ petition, the petitioner, Sardar Numan Khan, calls into question the legality and validity of orders dated 01.04.2024 and 18.03.2024 passed by the Federal Ombudsperson Secretariat for Protection against Harassment of…