MUHAMMAD BADAR UL MUNIR vs CHAIRMAN, ARBITRATION COUNCIL and 2
This matter arises from a civil petition for leave to appeal before the Supreme Court of Pakistan concerning family and custody disputes. During the proceedings, the parties presented a memorandum of agreement reflecting a comprehensive out-of-court settlement addressing child custody, maintenance claims, dower amounts, return of dowry, dissolution of marriage via Talaq-e-Mubarat, withdrawal of pending criminal proceedings, and related matters. The core legal question addressed is whether a pending civil petition and underlying family disputes can be disposed of in terms of a mutually agreed compromise between the parties. The Supreme Court held that the agreement is genuine, entered into without coercion, and lawful, and consequently converted the petition into an appeal and disposed of it in terms of the agreed compromise. The key principle laid down is that the court may dispose of matters in accordance with lawful compromises reached freely between parties in family and civil disputes.
- Can a civil petition for leave to appeal be disposed of in terms of a compromise agreement reached between the parties?
- Whether an agreement involving child custody, maintenance waiver, and divorce can be acted upon by the court when entered into without coercion?
- Order XXXIII Rule 6, Supreme Court Rules
- Order XXIII Rule 3, Code of Civil Procedure 1908
ORDER
1. ' MUHAMMAD AFZAL ZULLAH, J.-- After some arguments when we orally announced the order for dismissal of this petition, both the learned counsel sought time for negotiations and settlement out of Court. Time having been allowed to them, they have presented a memorandum of agreement in the form of an application under Order XXXIII, Rule 6, Supreme Court Rules and under Order XXIII, Rule 3 of the C.P.C. For acceptance thereof and disposal of the petition accordingly. It reads as follows:-- "1. That the abovestated Civil Petition for Special Leave to Appeal is pending in this learned Court and the same is fixed for 8-3-1989.
2. That through the intervention of some respectables and counsel for the parties, the parties have reached at a compromise to the following effect:-
(a) That the petitioner has agreed to surrender the custody of minor Waqas Badar in favour of respondent No,3. Mst. Tallat Shaheen, and in consideration thereof Mst. Tallat Shaheen has agreed to forego her claim for maintenance i.e, past as well as future and the decree passed against the petitioner and in favour of Mst. Tallat Shaheen by Chairman, Arbitration Council and modified by the High Court may be set aside.
(b) That the petitioner shall pay tomorrow a sum of Rs,10,000 i.e,1/2 of the dower amount to the respondent No,3, while the respondent No,3 foregoes her claim regarding the balance 1/2 thereof.
(c) That the dowry of the respondent No,3 shall be returned by the petitioner either today or tomorrow positively and the petitioner will obtain a receipt from the respondent No,3 stating that she had received the full dowry in final settlement of her claim.
(d) That the petitioner shall divorce respondent No,3 by way of "Talaq-e-Mubarat" i.e, Irrevocable Divorce which shall be executed by both the parties, with the mutual consent.
(e) That the respondent No,3 shall file an application before the learned Guardian Judge, praying she be appointed as a Guardian of the minor. The said application shall be disposed of alongwith the application already filed by the petitioner, wherein the petitioner shall make a statement, withdrawing his application surrendering the custody of the minor in favour of respondent No,3 for all times to come and conceding the application so filed by respondent No,3. The criminal proceedings pending in the Court of Illaqa Magistrate, Bahawalnagar, and other, if any, between the parties shall be got withdrawn and compounded by the parties. The quashment proceedings filed by Shakeel Anjum Qureshi, real brother of the respondent No,3 in regards to the criminal proceedings shall be got accepted before the learned Lahore High Court (Bahawalnagar Bench), Bahawalnagar.
(f) That the respondent No,3 will never claim any maintenance for the minor Waqas Badar for the past and future period, on the basis of said settlement.
(g) That the parties shall cooperate with each other so as to fulfill his compromise in letter and spirit, as the same is in the interest of parties and not against public policy.
2. ' It is, therefore, very humbly and respectfully prayed that the compromise noted above may very kindly and graciously be attested and Civil petition for Special Leave to Appeal may kindly be disposed of in terms thereof. {{TABLE}} Sd/x.x.x.x. Mst. Tallat Shaheen, Respondent No,3 Sd/x.x.x.x.
3. (Amir Alam Khan) Advocate Supreme Court, Sd/x.x.x.x.x. Muhammad Badar-ul-Munir, Petitioner Sd/x.x.x.x.x. (Ch. Muhammad Ashraf Azeem) Advocate Supreme Court, of Pakistan Sd/x.x.x.x. Sd/x.x.x.x.
4. (Mahmood A.Qureshi) (Muhammad Aslam Chaudhary)
5. A.O.R. A.O.R." {{TABLE}} Both the learned counsel stated that the agreement is genuine and further that it being without coercion there is no other impediment in its I implementation.
6. ' This petition accordingly is converted into appeal. The same is disposed of in terms of agreement.
7. ' There shall be no order as to costs.