LIAQAT ALI vs ADDITIONAL DISTRICT JUDGE, CHUNIAN, DISTRICT KASUR and others
This petition for leave to appeal challenged the Lahore High Court's dismissal of writ petitions and subsequent review applications filed by the petitioner regarding a dispute over marital status. The petitioner had originally filed a suit for restitution of conjugal rights, while the respondent, Mst. Irshad Bibi, filed a suit for jactitation of marriage. The Family Court consolidated these suits, dismissing the petitioner's claim and decreeing the respondent's suit, a decision upheld by the appellate court. During the pendency of the petitioner's writ petitions before the High Court, the respondent passed away. The High Court dismissed the petitions and review applications as infructuous due to her death. The Supreme Court addressed the core question of whether the High Court erred in dismissing the petitions on these grounds. The Supreme Court held that the High Court's decision was legally sound, reasoning that the relief of restitution of conjugal rights became impossible to grant upon the respondent's death, and noting that the deceased left no property. Consequently, the right to sue did not survive, and the petition was dismissed.
- Does the right to sue for restitution of conjugal rights survive the death of the respondent?
- Can a writ petition be dismissed as infructuous upon the death of the respondent when no property rights are involved?
- Is the High Court justified in dismissing a review application as infructuous if the underlying cause of action has abated due to death?
ORDER
' FAQIR MUHAMMAD KHOKHAR, J.--- This petition is directed against orders, dated 7-12-2004 and 13- 12-2004 passed by the Lahore High Court, Lahore, in Writ Petitions Nos.10885 and 10886 of 2000 end Review Applications Nos.68 and 69 of 2004.
2. The petitioner filed a suit for restitution of conjugal rights claiming late Mst. Irshad Bibi to be his wife. On the other hand she also filed a suit for jactitation of marriage against the petitioner. The Judge Family Court, Chunian, District Kasur, after consolidating both the suits dismissed the suit of the petitioner and decreed the one filed by Mst. Irshad Bibi, by judgment and decree dated 13-12- 1999. The petitioner filed two separate appeals there against which were dismissed by the Additional District Judge, Chunian, District Kasur, by common judgment, dated 11-9-2000.
Therefore, the petitioner filed two Writ Petitions Nos.10885 and 10886 of 2000, which were dismissed by the Lahore High Court, Lahore, by the impugned order dated 7-12-2004 as having become infructuous on account of death of Mst. Irshad Bibi. Thereafter, the petitioner filed Review Applications Nos. 68 and 69 of 2004, which were also dismissed by the High Court for the same reason by order, dated 13-12-2004. Hence, this petition for leave to appeal.
3. The learned counsel for the petitioner argued that notwithstanding the death of Mst. Irshad Bibi the High Court was required to decide the writ petitions on merits as important questions of law were involved.
4. We have heard the learned counsel for the petitioner at some length. Admittedly, Mst. Irshad Bibi had passed away during pendency of writ petitions of the petitioner. Therefore, the relief of conjugal rights could not be granted. Similarly, the deceased lady did not leave any property behind her. Therefore, the High Court was justified in dismissing the writ petitions as well as the review applications on account of death of the deceased lady. We are also of the view that the right of the petitioner to sue did not survive consequent upon the death of the deceased lady. The impugned orders did not suffer from any legal infirmity.
5. For the foregoing reasons, we do not find any merit in this petition which is dismissed and leave to appeal is refused accordingly.