Mst. ULFAT BIBI vs MUHAMMAD HANIF And Other
This appeal challenged a Lahore High Court judgment that dismissed a civil revision petition regarding the validity of a divorce (Talaq). The appellant, Mst. Ulfat Bibi, sought a declaration that a Talaqnama issued by her deceased husband was forged and that the subsequent proceedings by the Union Council and Controlling Authority were illegal, thereby asserting her right to inherit her husband's estate. The Trial Court, the Additional District Judge, and the High Court concurrently found that the divorce was validly pronounced and that the proceedings were legal, dismissing the suit on merits. The core legal question before the Supreme Court was whether the High Court was justified in its dismissal and whether the divorce proceedings were ineffective due to procedural irregularities. The Supreme Court held that the concurrent findings of fact regarding the validity of the divorce were supported by reliable evidence, including the appellant's own admissions and the certificate issued by the Union Council. Consequently, the Court found the appeal meritless, affirming the lower courts' decisions that the divorce was legally effective.
- Can a civil court interfere with concurrent findings of fact regarding the validity of a divorce?
- Is a divorce certificate issued by a Union Council sufficient evidence to establish the validity of a Talaq?
- Does an admission by a party in evidence regarding the receipt of divorce notice preclude a subsequent claim that the divorce was forged?
SYED DEEDAR HUSSAIN SHAH, J.-- This appeal by leave of the Court is directed against the judgment, dated 17.3.1997, of the Lahore High Court, Multan Bench, Multan, passed in Civil Revision No. 260-D of 1974.
2. The facts, in brief, are that appellant Mst. Ulfat Bibi instituted a suit before the Administrative Civil Judge, Multan, for a declaration that Talaqnama dated 17.4.1969 already pronounced by her husband Abdul Maleek was fictitious and forged and the decision of the Union Council No. 247, dated 20.5.1969 and order of the Controlling Authority dated 18.8.1969, whereby her revision petition was ejected were illegal and that, as a widow, she was entitled to succeed to her husband's estate after his death. The suit was contested by the respondents on the grounds that Abdul Maleek had divorced Mst. Ulfat Bibi during his life-time and the divorce deed-dated 17.4.1969, the order of the Arbitration Council dated 20.5.1969 and the decision of the Controlling Authority dated 18.8; 1969 were legal and not the outcome of fraud/misrepresentation.
3. The Trial Court after considering the evidence produced by the parties dismissed the suit on merits through judgment and decree dated 10.7.1971. The appeal filed by Mst: Ulfat Bibi against the said judgment and decree was also dismissed by the learned Additional District Judge vide judgment dated 13.3.1974, which was challenged in Civil Revision No. 260-D/74 before the Lahore High Court, which to has been dismissed vide impugned judgment dated 17.3.1997.
4. On 10 4.1998 leave to appeal was granted to consider whether in the facts and circumstances of the case, the learned Judge in Chambers was justified in not considering the case of the appellants on merits.
5. Learned counsel for the appellants, inter alia, contended that assuming that divorce had been pronounced, the same would be deemed to be ineffective for the reason that proceedings with regard to the same were not taken by the Union Council concerned where Mst. Ulfat Bibi was residing at the relevant time and that the findings of the learned lower Courts and the learned High Court on issue No. 3 are illegal because the same are not based on any evidence.
6. On the other had, learned counsel for the, respondents submitted that there are concurrent finding of facts, which are based on proper appreciation of evidence by the Courts below, wherein it has been rightly held that Mst. Ulfat Bibi was divorced by Abdul Maleek (deceased).
7. We have considered the arguments of Earned counsel for the parties and have also gone through the record. Late Abdul Maleek issued notice of talaq to" Mst. Ulfat Bibi and the Chairman of Union Council concerned initiated the to law. After due deliberation, the Chairman issued the said certificate, which was produced during Trial of the suit as Exh. D. 3, which is at page 51 of the paper book and reads as under:- [( URDU TEXT )] Mst. Ulfat Bibi appellant also admitted in evidence in the following terms:-- [( URDU TEXT )]
8. The crucial point for decision, of the suit was divorce, which had been proved through reliable evidence and was accepted by the Courts below. Except the validity of divorce no other point was agitated before the High Court* which was dilated upon in the impugned judgment in the following terms:- "No other point was raised in support of this revision petition. It is dismissed with no order as to costs."
In view of. Evidence discussed above, we are of the firm view that the contentions of the learned counsel for the appellants are not tenable.
9. For the facts, circumstances and reasons mentioned herein above, we are of-the considered opinion that the appeal is without any merit and substance, which must fail, and the same is hereby dismissed alongwith the listed application with no order as to costs.