Law:

Section:

Succession Act (XXXIX of 1925)-------S. 371---Federal Employees Benevolent Fund and Group Insurance Act (II of 1969), Ss.2(5), 11, 14, 17 & 19---West Pakistan Civil Services Pension Rules, 1963, Rr.4.6 & 4.8(c)---Civil Procedure Code (V of 1908), S.104---Application for grant of succession certificate in respect of legal monetary claims of deceased employee---Entitlement to monetary claims---Appeal against orders---Employee serving as Upper Divisional Clerk, died leaving behind her one son and two daughters--After death of said employee, her mother filed application for grant of succession certificate in respect of legal monetary claims to be paid by the department on death of deceased employee---Mother of deceased in her application pleaded that husband of deceased lady having divorced her in her life time, he was not entitled to get any share out of said claim---Husband of deceased claimed that he had never divorced the deceased lady and that she remained his wife till her death---Application of mother of deceased was finally dismissed holding that she could not prove that husband of deceased had divorced deceased lady and that mother of deceased lady had no right over the monetary legal claim payable on demise of said lady---Husband of deceased lady thereafter filed application for grant of succession certificate in respect of monetary claims which application was granted declaring husband of deceased alone to be entitled to receive monetary claims of deceased lady---Validity---Question of divorce allegedly pronounced by husband of deceased was considered and decided up to level of High Court in earlier round of litigation---Court below had rightly found that husband , had not divorced deceased lady---Husband was found to be entitled to certain legal monetary claims---Among said monetary claims, Benevolent Fund and Group Insurance, were to be regulated by Federal Employees Benevolent Fund and Group Insurance Act, 1969 and under provisions of Ss.14 & 19 of said Act, those two amounts were to be paid to a person or persons nominated by employee; in absence of any valid nomination made by deceased, said amount were to be paid directly to members of…

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