Decisions of Khula and Talaq in Pakistan:
To know the latest decisions of talaq in Pakistan and khula in Pakistan you may contact Jamila Law Associates. The decision of the Shariat Court declaring Section 4 of Muslim Family Laws Ordinance, 1961 to be repugnant to Injunctions of Islam was subject to appeal for talaq in Pakistan and khula in Pakistan pending before Supreme Court.
Trial Court:
Rejection of plaint by Trial Court on the ground of such repeal of Section 4 Muslim Family Laws Ordinance, 1961. Appellate Court, based on the judgment of the Supreme Court, set aside the order of the Trial Court and remanded the case for its decision on merits. In the said judgment, Held had observed that grandson could inherit a share of his predeceased father from his grandfather. Not possible to say such a stage that the plaintiff had no cause of action for examination in a full-fledged trial. If the cause of action was to be on only legal issues of talaq in Pakistan and khula in Pakistan, even then, the objection should not have been rejected under Order VII, Rule 1, and C.P.C. 2.
Object:
Succession provided for in S. 4 of Muslim Family Laws Ordinance 1961 is for the benefit of orphan sons and daughters of a predeceased parent. Succession has been provided to remedy the discrimination which is believed to exist against grand-children whose parents had died before it opened the succession. Parents of such grand-children would be deemed to be alive for succession after talaq in Pakistan and khula in Pakistan. The said provision of s. 4 of Muslim Family Laws Ordinance, 1961 is not introduced to give a share to the grand-child more than what would have been his her due share if the parents were alive when it opened succession.
Khula in Pakistan:
Section 4of Muslim Family Laws Ordinance, 1961 is prospective for talaq in Pakistan and khula in Pakistan. It cannot give it retrospective effect to undo or re-open inheritance already concluded under Muhammadan Law before the promulgation of Ordinance 1961. Deceased grandfather having died in 1956 while his son had died in 1955, legal heir of predeceased would not be entitled to inherit the state of their grandfather. The Ordinance, 1961, is enforceable when Muslim Family Laws Ordinance, 1961, promulgated for talaq in Pakistan and khula in Pakistan. Succession to property opened after the owner’s death before the enforcement of Ordinance, Section 4 is not applicable.
Rival Claimant:
Rival claimant being a child of a predeceased son cannot inherit from grandfather in 1952 because such right was given to a grandchild in 1961 through S. 4, Muslim Family Laws Ordinance, 1961. The decree granted in favor of the rival claimant in which prior vendee not impleaded and which is subsequent in point of time declared to be ineffective against the right of the prior vendee.” Provisions of S. 4 Muslim Family Laws Ordinance, 1961 has no retrospective effect for talaq in Pakistan and khula in Pakistan and would not affect the past and closed transaction. Inheritance of the deceased has opened in 1969, respondents being grandsons of the deceased were entitled to inherit his estate under S. 4 of Muslim Family Laws Ordinance, 1961, which was very much in force at the relevant time.
