Law:

Section:

Muslim Family laws Ordinance (V111 of 1961)--S. 7---Constitution of Pakistan (1973), Art. 185(3)---Husband serving notice of divorce on wife in terms of provisions of Muslim Family Laws Ordinance 1961---Husband, however, died before completion of 90 days of service of notice of divorce---Effect---During the period of 90 days had the husband been alive, he would have had the option to revoke the divorce pronounced by him---Procedure provided under law required reconciliation proceedings to be initiated and only on expiry of 90 days of service of notice divorce was to become effective---On the date husband died, divorce having not become effective in terms of S. 7, Muslim Family Laws Ordinance 1961, wife continued to be his widow and was entitled to inherit his property---Leave to appeal was refused in circumstances. Federation of Pakistan v. Mst. Tahira Begum and others 1994 SCMR 1740 and Muhammad Salahuddin Khan v. Muhammad Nazir Siddiqi and others 1984 SCMR 584 rel. Mirza Qamar Raza v. Mst. Tahira Begum and others PLD 1988 Kar. 169 ref. ORDER SALEEM AKHTAR, J.---The petitioners seek leave to appeal against the judgment passed by the learned Judge in Chambers dismissing the regular second appeal filed by them. 2. The brief facts are that one Gheba Khan, husband of Mst. Sat Bharai owned and possessed agricultural land. Gheba Khan divorced Mst. Sat Bharai, the respondent on 19-5-1969 and in terms of the provisions of the Muslim Family Laws Ordinance, 1961 served a notice as well. He died on 14-6-1969 before the completion of 90 days of the service of notice of Talak. The Chairman, Union Council, issued a certificate dated 21-9-1969 declaring that Talak did not become effective during the lifetime of Gheba Khan. The petitioners filed a suit on 22-1-1970 seeking a declaration that the order passed by the Chairman is illegal and that as Gheba Khan divorced the respondent, she will not be entitled to inherit his estate. This plaint was rejected. The petitioners, however, filed another suit for declaration that they are owners of the land left behind by deceased Gheba Khan and that Mst. Sat Bharai being his divorcee was not entitled to inherit his estate. The learned…

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