2024 M L D 1156
REHANA SHAFQAT versus AFIRA BUTT and others
Civil Revision No. 49064 of 2022
Special oath , administration of --- Binding upon the party --- Arrangement for disposal of suit / case as agreed by the parties is a sort of a compromise , which is lawful and permissible ; therefore , the same cannot be assailed through appeal .
Pensionary benefits --- Succession certificate --- Tarka --- Legal heirs , entitlement of Special oath , administration of --- After death of civil servant , petitioner applied for issuance of succession certificate about pensionary benef of her deceased husband , who was an employee in the Pakistan Telecommunication Company Limited --- Petitioner contended that deceased had already divorced his second wife / respondent No. 1 , therefore she was not entitled to any pensionary benefits --- Such claim was resisted by the respondents --- Trial Court held the two wives and children entitled for pensionary benefits --- Petitioner being aggrieved preferred an appeal --- Appellate Court modified the order and entitled both wives only for pensioner benefits --- Matter was decided on Special Oath --- Held that nothing was on record to divulge that the petitioner was prompted by the respondents or by the Trial Court to arrange the disposal of lis on the basis of special oath , rather it was her sweet will to get decided the matter in terms of Special Oath --- Therefore , said offer being made voluntarily and accepted by the respondent No. I was binding upon the petitioner --- Offer so made by the petitioner to the respondent No. 1 was binding upon her and she could not resile from the same , and she had to face the consequence of the same ---
REHANA SHAFQAT versus AFIRA BUTT and others
Civil Revision No. 49064 of 2022
2024 M L D 1156
Pensionary benefits --- Succession certificate - Tarka - Legal heirs , entitlement of --- After death of civil servant , petitioner applied for issuance of succession certificate about pensionary benefits of her deceased husband , who was an employee in the Pakistan Telecommunication Company Limited --- Petitioner contended that deceased had already divorced his second wife / respondent No. 1 , therefore she was not entitled to any pensionary benefits --- Such claim was resisted by the respondents --- Trial Court held the two wives and children entitled for pensionary benefits --- Petitioner being aggrieved preferred an appeal --- Appellate Court modified the order and held both wives only entitled for pensionary benefits --- Validity --- Petitioner took a stance that deceased divorced the respondent No.1 through Talaq - e-Bian on 13.12.2002 but as per observations of the Appellate Court , there were two divorce deeds of different dates on record of the concerned Union Council : one was issued on 13.12.2002 and other one issued on 03.09.2004 by the deceased in presence of two witnesses but the petitioner could not produce both the said witnesses in support of her contention especially after a categorical denial and special oath by the respondent No. 1 in pursuance to the offer of the present petitioner --- Other aspect of keeping the purported proceedings of issuance of certificate of Talaq for a considerable period of seven years also spoke volumes of the authenticity and veracity of the same , as the first notice of Talaq was issued on 28.05.2011 and divorce effectiveness certificate was issued on 05.10.2011 --- Moreover , it was also not clear that on which divorce deed the same was issued , because the Appellate Court found two divorce deeds of different dates in the record of Union Council --- In such view of the matter , the Appellate Court had rightly adjudged the matter in hand and had not committed any illegality or irregularity while upholding the order passed by the Trial Court , warranting interference by High Court in exercise of revisional Jurisdiction ---
REHANA SHAFQAT versus AFIRA BUTT and others
Civil Revision No. 49064 of 2022
2024 M L D 1156
0 Comments