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

Section: 4,5

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

Section: 3, 10

Law: Constitution of Pakistan, 1973

Section: 199

Enforcement of Women’s Property Rights Act, 2020 (XII of 2020)-- ----Ss. 4 & 5--Protection Against Harassment of Women at Workplace Act, 2010 (IV of 2010), Ss. 3 & 10--Constitution of Pakistan, 1973, Art. 199--Jurisdiction--Ombudsman--Women’s property rights--Inheritance dispute--Partition of Estate--Civil Court jurisdiction--Jurisdictional fact--Parallel proceedings--Pending civil litigation--Determination of proprietary shares--Rental income--Summary proceedings--Coram non judice--Scope of--Ombudsman’s powers--Inquiry versus adjudication--Separation of powers--That pivotal question which arises for determination in lis at hand is whether Respondent No. 1/FOSPAH was vested with jurisdiction under provisions of Act of 2020 to entertain and adjudicate upon complaint instituted by Respondents No. 2 to 7 in respect of estate of their deceased father, particularly where dispute, in substance and effect, pertains to determination of inheritance, partition of immovable properties, declaration of proprietary shares, and consequential entitlement to rental income arising therefrom--It further required an examination of whether assumption of jurisdiction by Respondent No. 1 satisfied foundational requirement of “jurisdictional fact” failing which entire exercise would be rendered coram non judice and void ab initio--A plain but meaningful reading of aforesaid provision demonstrated that jurisdiction of Respondent No. 1 is strictly conditional and circumscribed--The legislative phrase “if no proceedings in a Court of law are pending” constitutes an express jurisdictional bar--It is trite law that where jurisdiction is conditioned upon existence or non-existence of a jurisdictional fact, authority must first objectively satisfy itself of such condition precedent--In absence thereof, any assumption of jurisdiction is legally unsustainable and renders all consequential proceedings void ab initio--Legislative intent underlying provision is manifestly to avoid parallel proceedings, conflicting determinations, and jurisdictional overlap between Civil Courts and Ombudsman--Statute did not create concurrent jurisdiction; rather,…