Law:

Section:

(a) Constitution of Pakistan (1973)--- Art. 185 (3) read with Anand Marriage Act (VII of 1909) and Caste Disabilities Removal Act (XXI of 1850) Leave to appeal ¬Granted to examine (i) whether or not any kind of marriage existed between a Sikh male and Muslim female to entitle their offspring to inherit from or through them, (ii) whether High Court could, in exercise of writ jurisdiction, resolve conflict of decision by Claims Organization and Rehabilitation Organization. (b) Constitution of Pakistan (1973) Art. 199 read with Registration of Claims (Displaced Persons) Act (III of 1956), Pakistan Rehabilitation Act (XLII of 1956), Pakistan (Administration of Evacuee Property) Act (XII of 1957) read with Evacuee Property and Displaced Persons Laws (Repeal) Act (XIV of 1975) Conflict between decision of Claims Organization and that of Rehabilitation Authorities on same matter ,Held, could be resolved by High Court itself prior to enforcement of Act of 1975. Ibrahim and another v. Bashir Ahmed and 2 others 1971 S C M R 152 distinguished. (c) Anand Marriage Act (VII of 1909) And Caste Disabilities Removal Act (XXI of 1850) Muhammadan Law Marriage Requirements of form and ceremony, legality and validity of marriage between a Sikh male and a Muslim female such Muslim female treated as a maid servant, a keep or a mistress as distinguished from a wife Sons of such woman neither receiving any allowance and privileges allowed to heirs of Sikh male nor acknowledged or recognized by him to be his sons Held, such factual background disproved existence of a marriage, same having been kept secret, nor such relationship finds recognition in agri¬cultural custom of Punjab Marriage between such male and female cannot be inferred or presumed on basis of any enacted law, principle of law or presence of an acknowledgment and recognition by spouses concerned or by public generally. [Muhammadan Law¬ Custom (Punjab)]. Hakim and others v. Jagat Singh and another 1898 P R 87 ; Mitar Sen Singh v. Maqbul Hasan Khan and others 57 1 A 313 : Ismail Ahmau Peepadi v. Momin Bibi and others A I R 1941 P C 11; Mulla's Muhammadar Law, para. 85 ; Tagore's Law Lectures (1873) and Rehmatullah and…

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