Mst. RESHAM BIBI vs BARKAT ALI And Other
Mst. Resham Bibi filed a petition against the High Court judgment dated 8-4-1979 which dismissed her Regular Second Appeal No. 399 of 1970. The core legal question involves the application and interpretation of the Muslim Personal Law (Shariat) Act in light of conflicting views taken in prior judgments. The Supreme Court granted leave to appeal to consider the matter, ordered security in the sum of Rs. 2,000, directed that the status quo granted to the petitioner shall continue, and permitted the case to be heard on the same record with liberty to file additional documents. The court established that leave is granted to resolve the legal divergence regarding the application of the relevant statute.
- Whether leave to appeal should be granted when conflicting views exist regarding the application of the Muslim Personal Law (Shariat) Act?
- Does a status quo order continue upon the grant of leave to appeal?
- Muslim Personal Law (Shariat) Act 1962
ORDER
1. ASLAM RIAZ HUSSAIN J. Mst. Rehman Bibi has filed the present petition against the judgment of the High Court dated 8-4-1979. Dismissing her R.S..A- (No. 399/70)
2. Learned counsel for the petitioner relied Jafar Khan v. Mst Shah Begum 1983: S, C M R 221 but has, pointed out that a contrary, view has been taken, in relation to the application of Muslim Personal Law (Shariat) Act-1962 in Mst. Zarmina and others v. Munjawar and other'1975 SCM R 487.
2. Leave is also granted in this case to consider the matter.
3. Security in the sum of Rs. 2,000.
4. Status quo granted to the petitioner shall continue.
5. To be heard on the same record with permission to file additional documents.
6. M.Y.H.Petitioner allowed.