Order Sheet

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Civil Revision No. S – 171 of 2020

Date of hearing: 06-09-2021

Date of order: 06-09-2021

Mr. Abdul Ghaffar Shar, Advocate for the applicant.

Mr. Ali Bahar Chang, Advocate for respondent No.2.

Mr. Bishar Ahmed Rahoojo, Assistant Attorney General.

Mr. Zulfiqar Ali Naich, Assistant Advocate General Sindh.

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O R D E R

Muhammad Junaid Ghaffar, J. – Through this Civil Revision, the applicant has impugned order dated 04-11-2020 passed by the Additional District Judge, Khairpur in Succession Petition No.30 of 2019, through which an application filed by the applicant under Order I Rule 10 CPC has been dismissed.

2. Learned Counsel submits that the applicant is a legal heir of deceased Imtiaz Hussain and was never joined in the Succession Petition, whereas, in some criminal proceedings, she had been admitted as a legal heir. According to him, the contention of the respondent that the applicant was divorced by the deceased in his lifetime is false and frivolous, hence, the Court below was not justified in refusing and dismissing the application.

3. On the other hand, the respondent’s Counsel has supported the impugned order, whereas, learned AAG has drawn attention to order dated 18-02-2021 passed by this Court, through which some verification was ordered regarding the divorce registration certificate and report has now been filed in favour of the respondent.

4. I have heard all the learned Counsel as well as learned AAG and perused the record.

5. The applicant's precise case is dependent on the very fact that she remained the wife of deceased Imtiaz Hussain when he expired. As to her marriage with the deceased, there appears to be no dispute, but the only issue is whether she was divorced or not. In addition, it is also an admitted fact that she failed to produce any CNIC showing the deceased as her husband nor any other supporting document.

6. This Court on 18-02-2021 was pleased to issue directions to the learned AAG to get verified the Divorce Registration Certificate issued by the Government of Sindh dated 19-02-2019. Such report has been placed through statement along with the verification issued by Secretary, Union Council Bukhari, Taluka & District Khairpur, through which it has been verified that the Divorce Certificate was issued on the basis of a mutual Divorce Deed made between the deceased and the applicant. Since this Court has already ordered for verification which has come on record, therefore, apparently in the given facts and circumstances of this case, the applicant's application under Order I Rule 10 CPC, which otherwise was also misconceived, could not be held to be maintainable in a succession petition. To that extent, this Revision Application does not merit any consideration and is hereby dismissed. However, since the applicant still claims to be the lawfully wedded wife of the deceased at the time of his death, therefore, this shall not preclude the applicant from seeking the relief by way of a declaratory suit to that effect, which has to be dealt with and decided in accordance with law, without being prejudiced to the observations so recorded in this case.

With these observations, the Revision Application stands dismissed with pending application(s), if any.

J U D G E

Abdul Basit