ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
C. P. No.S-766/2011
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Order with signature of Judge
FOR KATCHA PESHI
02.08.2011
Mr. Dhani Bux Otho, advocate for the petitioner alongwith petitioner.
SI Aijaz Ahmed on behalf of SHO, P.S. Tando Adam.
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Pursuant to Court direction, SI Aijaz Ahmed, P.S. Tando Adam has produced the alleged abductee Mst. Rubina in Court alongwith respondents No.4 and 5, the maternal uncle and father of alleged abductee. Mst. Rubina has stated in Court that she was not abducted by the respondents No.4 and 5, who are her real maternal uncle and father with whom she is living out of her own free will and choice. She further stated that though she was married with the petitioner, who is present in Court, however she does not want to live any more with the petitioner on account of his maltreatment and loose character. She has further stated that she has already filed a suit for dissolution of marriage at Tando Adam. She has further stated that she wants to go alongwith her father and maternal uncle.
In view of hereinabove facts and the statement of the alleged abductee, who has expressed her unwillingness to reconcile or to go with the petitioner, instant petition, which otherwise has become infructuous, is hereby dismissed. Whereas, Mst. Rubina, being sui juris, is at liberty to go alongwith her father and maternal uncle as per her desire.
JUDGE
ORDER SHEET
IN THE HIGH COURT OF SINDH, KARACHI
SMA No.69/2010
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Order with signature of Judge
For hearing of Nazir report dated 13.07.2011
02.08.2011
Petitioner Masroor Ahmed alongwith all the legal heirs namely Mansoor Mehmood, Farhana Saleem Mehmood, Imrana Haleem and Rizwana Mehmood.
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Today, the petitioner alongwith all the legal heirs of deceased namely Masood Mehmood are present in Court and have filed joint statement alongwith supporting affidavits, wherein it has been stated that all the legal heirs have no objection, if the amount of pension of the deceased already collected by the Nazir in the sum of Rs.68,578/- may be disbursed to one of the legal heirs namely Rizwana Mehmood. It has been further stated that since the pension book has been issued in the name of Rizwana Mehmood, however, mode of payment has been mentioned to be issued through Nazir of this Court.
All the legal heirs present in Court state that the Treasury Office may be directed to directly disburse the monthly pension of the deceased namely Masood Mehmood in the account of Rizwana Mehmood being No.1234-8, Code No.0159, National Bank of Pakistan, COD Branch, Gulistan-e-Jauhar, Karachi, to avoid inconvenience.
Nazir has submitted report dated 13.07.2011, wherein it has been stated that pension amount of Rs.68,578/- is lying with the Nazir to be disbursed among the legal heirs. The Deputy Nazir, present in Court, after examination of the file has extended no objection to such arrangement among the legal heirs.
It appears to be non-contentious matter, whereas succession certificate was granted by this Court on 24.05.2010 and since then no objection whatsoever has been received from any corner. Accordingly, the statement filed by all the legal heirs alongwith supporting affidavits is taken on record.
Nazir is directed to disburse the pension amount of Rs.68,578/- to Rizwana Mehmood, after proper verification and identification, whereas Treasury Office is directed to disburse the monthly pension of deceased Masood Mehmood directly into the account of Rizwana Mehmood as mentioned hereinabove.
JUDGE
Nadeem