Plaintiff/wife assailed mutation of inheritance of her deceased husband wherein she was excluded—Contention of defendants was that during the life time of deceased owner, plaintiff was divorced by him—
Plea raised by the plaintiff was that notice of divorce issued by her deceased husband was withdrawn and she was his legally wedded wife and entitled to her Sharia share in his property—Suit and appeal of plaintiff was dismissed by Trial Court and Appellate Court respectively—
Validity—No evidence was available that deceased had pronounced “Talaq-e-Bain” and defendants witness did not depose that the deceased had pronounced irrevocable divorce or the same was pronounced thrice in’ one sitting—
Plaintiff produced a copy of letter of withdrawal of notice of divorce by the deceased and the same was tendered in evidence—Such letter proved that the deceased did not pronounce “Talaq-e-Bain” as he revoked it before Arbitration Council, within a period of 90 days of the divorce—
Both “Talaqs” i.e. “Ahsan” and “Hasan” were revocable according to the conditions—Talaq given to plaintiff in either of such two manners was correctly revoked by the deceased and plaintiff was the wedded wife of the deceased at the time of his death—
Plaintiff was admittedly married with deceased and lived with him as his wife—Defendants were to prove that plaintiff was not widow of the deceased at the time of death of the propositus but they failed to discharge such onus—
High Court, in exercise of revisional jurisdiction, set aside concurrent judgments and decrees passed by the two Courts below and decreed the suit of plaintiff to the extent of her Sharai share.