MUHAMMAD BASHIR vs SUMERA SHAHZADI And 2 Other
This matter originated as a petition for leave to appeal before the Supreme Court of Pakistan, concerning a matrimonial dispute between the petitioner and the respondent. Following the reservation of judgment, the parties reached an amicable settlement through a written compromise agreement facilitated by their respective counsel. The core legal question was whether the court could dispose of the pending litigation based on the terms of the settlement reached between the parties. The Supreme Court, observing that the compromise constituted a fair and workable arrangement for the parties and their children, accepted the terms. The Court held that the petition should be converted into an appeal and disposed of in accordance with the terms of the compromise, which included provisions regarding property transfer, maintenance payments, and the withdrawal of all pending litigation. The principle laid down is that the Supreme Court may exercise its jurisdiction to convert a petition into an appeal and dispose of the matter in terms of a mutually agreed-upon compromise when such an arrangement is deemed fair and conducive to an amicable family life.
- Can the Supreme Court convert a petition for leave to appeal into an appeal and dispose of it based on a compromise agreement?
- Is a compromise agreement between parties in a matrimonial dispute enforceable by the Supreme Court?
ORDER
1. MUHAMMAD AFZAL ZULLAH, CJ.--This petition having been heard on 24th November, 1991 the judgment was reserved. Today the parties having appeared with their learned counsel have submitted a compromise in writing which is recorded hereunder:-- "In re: C.P.S.LA.No.992/1991 Muhammad Bashir--Petitioner versus Mst. Sumera Shehzadi etc.- -Respondents COMPROMISE effected between the parties in the above-titled case "Respectfully sheweth:-- In pursuance to the orders of this honourable Court, the two counsel had a conference with the two parties on the evening of November 24, 1991 and the following terms and conditions were settled to end the disputes between the petitioner and respondent No.l:
(a) That House No.16, Street No.34, Sanda Kallan, Lahore is owned by the father of the petitioner and the petitioner shall get it transferred in the name of his wife, Mst. Sumera Shehzadi (respondent No.l) at his expenses.
(b) That respondent No.l (the wife of the petitioner) shall not sell the house mentioned in the above paragraph without the written permission of the petitioner (husband).
(c) That the petitioner shall pay to respondent No.l, Rs.1,000 per month as her maintenance.
(d) That the petitioner shall deposit in the bank Rs.800 per month in the name of both the children, which cannot be withdrawn unless both the parents i.e. Petitioner and the respondent No.l in writing agree to that.
(e) That a portion of the house mentioned in para.(a) is presently occupied by the sister of the petitioner (Mst. Nasim Akhtar). The sister shall vacate it within 3 years.
(f) That all the cases pending in different Courts by both the parties shall be withdrawn.
2. 2.It is respectfully prayed that in the light of the above terms and conditions of the compromise an order may kindly be passed accordingly.
3. (Sd.)Muhammad Anwar Rana, Advocate High Court, 303-Ravi Road, Lahore.
4. Counsel for the Respondent No.l.(Sd.)Dr.Farooq A. Chaudhry, Barrister-at-Law, Advocate High Court, 46-The Mall, Lahore Counsel for the Petitioner.
5. Thumb-impression Mst. Sumera Shehzadi, Respondent No.l.(Sd.)
6. Muhammad Bashir, Petitioner Thumb-impression Mst. Ruqiya Begum, mother of the Respondent No. l.(Sd.)
7. Muhammad Nazir, Brother of the Petitioner.
8. Dated 25-11-1991.
9. The compromise has been signed by the two learned Advocates as well as by the concerned persons/parties. It seems to be a fair workable arrangement between the contesting parties. It is - hoped and expected that the same would furnish a good basis for an amicable settled family life between the parties and their children. We, accordingly, while converting this petition into appeal dispose it of in terms of the afore-recorded compromise. There shall be no order as to costs.