Issue of Divorce and Marriage Certificate Verification:
If you have any issue of Nadra divorce certificate or marriage certificate verification, you may contact Jamila Law Associates. Leave to appeal was granted by Supreme Court to consider whether, given the authority of the Supreme court in Muhammad Aslam v. Abdul Hamid 1991 SCMR 552, it could competently approach the hierarchy of the Revenue Courts on Nadra divorce certificate or marriage certificate verification for relief under the provisions of S. 2, Punjab Muslim Personal Law (Shariat).
Application:
Application (Removal of Difficulties) Act, 1975. Therefore, the High Court was in error in holding that forum for making the application under the Act for giving effect to its provisions was the Civil Court and not the Revenue Officer concerned. Land allotted to widow or a refugee instead of land abandoned by a refugee in India at time of partition, Was that the widow which sale was preempted by the respondent who obtained possession of land in execution of preemption decree passed by Civil Court get in his favor.
Appellants on promulgation of Punjab Muslim Personal Law:
Appellants on promulgation of Punjab Muslim Personal Law (Shariat) Application (Removal or Difficulties) Act, 1975 approached Revenue Authorities for reopening of issue or termination of limited estate of widow and Revenue Authorities accepting the contention of appellants directed that new mutations terminating life estate of widow be sanctioned in favor of heirs of last male owner according to Muslim Personal Law after Nadra divorce certificate or marriage certificate verification. Respondent/pre-emptor challenged the order of Revenue Authorities in civil Suit which Suit was decreed by Trial Court. Still, on appeal against judgment and decree of Trial Court, Appellate Court below held widow to be a limit6d owner and that Revenue Authorities were competent to decide the question of inheritance or estate.
Nadra Divorce Certificate:
Appellants on Nadra divorce certificate or marriage certificate verification had not challenged the order by which Revenue Authorities had transferred land in dispute in favor of widow but had questioned the Validity of alienation of land made by a widow in favor of vendee, on the ground that widow was a limited Owner of land. Controversy regarding termination of a bit of estate held by a widow, raised by appellants as collaterals of her deceased husband, was cognizable Law (Shariat) Application (Removal of Difficulties).
Civil Court:
Act, 1975 whereby alienation made by a widow to vendee and then decree for possession by preemption passed by Civil Court in favor of respondent/pre-emptor could only be challenged the Nadra divorce certificate or marriage certificate verification before same Court (Civil Court) and not before Revenue Authorities. If a Civil Court decided a suit or appeal, it wOuld be erroneous to hold that since it had not specifically mentioned a particular forum, the affected person could go to any Authority, including Revenue Courts.
High Court:
High Court, in the circumstances, had rightly found that only Civil Court was possessed of jurisdiction to decide claim arising under Ss. 2 & 3 of Punjab Muslim Personal_ Law (Shariat) Application (Removal of Difficulties) Act, 1975 rather than Revenue authorities on Nadra divorce certificate or marriage certificate verification. The revision was allowed in the circumstances—bar to claim adverse possession.