Law:

Section:

(a) Qanun-e-Shahadat (10 of 1984)--- ----Art. 2(1)(c)---Evidence---Application of---Evidence of interested witnesses and those inimical to party against whom they had deposed, could not be believed---[Witness]. Khalid Javed v. The State 1984 PCr.L1100; Said Wali v. Yaqoot Khan and another PLD 1983 SC 440; State v. Habibur Rehman and others PLD 1983 SC 286; Fazle Ghafoor v. Chairman, Tribubal Land Disputes, Dir, Swat and Chitral at Mardan and 6 others 1993 SCMR 1073; State v. Habibur Rehman PLD 1993 SC 286 and Muhammad Arshad v. The State 1992 SCMR 1187. (b) Muslim Family Laws Ordinance (VIII of 1961)--- ---S. 7---Divorce, when effective---Divorce has to be routed through the Union Council within whose territorial limits wife was residing; divorce must also be processed in accordance with law and the Rules framed under the Muslim Family Laws Ordinance, to become effective---Where wife was living with the deceased till the time of his death, such was a strong circumstance to disprove divorce inasmuch as a validly pronounced Talaq could be withdrawn even by implication. (c) Muhammadan Law--- ---Gift---Deprivation of inheritance---Validity---No gift could be created or pleaded, the sole intention for creation whereof, was to deprive the heirs to inherit the property of their predecessor against the expected devolution--­Plaintiff's whole effort being to deprive the heirs of deceased of inheritance of the property in question, such purported gift in favour of plaintiff was on the face of it a sham and void transaction. Sardar Ahmad Khan and another v. Mst. Zamroot Jan PLD 1950 Pesh. 45; ILR 28 All. 439; ILR 55 Bom. 238; Ami Chand v. Fajroo PLD 1991 SC 1001 and Ghulam Ali v. Mst. Ghulam Sarwar Naqvi PLD 1990 SC 1 rel. (d) Muhammadan Law- --- Concurrent findings of fact on question of gift ---Findings rendered by two Courts below on the question of gift, whereby both the courts found the alleged gift to be a sham and void transaction, being concurrent and based on material on record, were unexceptionable and not liable to be interfered with---Civil Procedure Code (V of 1908), Ss. 100 & 115. (e) Civil Procedure Code (V of 1908)--- ---O.VIII, R.1---Consent written…

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