..::Divorcee entitled to 1/4th share in the estate of deceased husband

..::Divorcee entitled to 1/4th share in the estate of deceased husband

  • Respondent/plaintiff was excluded from the estate of her deceased husband on the pretext of Divorce
  • Deceased was issueless and the whole estate was inherited by the brother of the deceased who was petitioner/defendant—
  • Respondent filed suit that she being widow of deceased was entitled to 1/4th share in the estate of deceased—
  • Suit was decreed which was confirmed in appeal—
  • Contention raised by the petitioner/ defendant was that the respondent/plaintiff was Divorced by the deceased but the notice of Divorce was not sent to the Chairman, Arbitration Council as required by S.7, muslim family laws Ordinance, 1961–
  • Validity—
  • Under the provision of S.7, muslim family laws Ordinance, 1961, a period of 90 days was to be counted from the day on which such notice was delivered to the Chairman–
  • Such a notice was required to make the Divorce effective —
  • No notice having been admittedly given, no effective Divorce , held, had been given in-

 

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