1. ' Through this appeal Order dated 21.04.2014 passed by learned Single Judge on the Original Side in Suit No, 1386 of 2012 has been called in question whereby the learned Single Judge held that the Tallaqe-Bain pronounced by the deceased upon the appellant had immediately taken effect and therefore, she was not entitled to inheritance from the estate of her deceased husband, notwithstanding the appellant's plea that the talaq in terms of Section 7 of the Muslim Family Laws Ordinance, 1961 had not become effective.
2. ' Mr. Malik Muhammad Qayyum, learned counsel appearing for the appellant has contended that the appellant got married to deceased Tanwir Hassan on 24.06.2011 against a dower of Rs,20 Million out of which Rs,0.5 Million was prompt, whereas, the remaining amount of Rs,19.5 Million was deferred. The husband of the appellant died on 11.09.2012 in England leaving behind the appellant and respondents Nos.1 to 4 as his legal heirs. The appellant filed a suit seeking administration of her husband's estate joining the respondents i,e, the first wife and children therefrom. The respondents also filed a succession petition and alleged that the appellant was divorced on 23.07.2012 though the appellant denied the divorce but pleaded that even if it was so still the appellant was entitled to inheritance from the estate of her deceased husband as despite such alleged divorce she was her wife as 90 days period between the alleged pronouncement of divorce and death of appellant's deceased husband had not lapsed. However, the learned Judge without any proof from the respondent assumed that the divorce was pronounced and held that Tallaq-e-Bain takes effect immediately and notwithstanding the provision of Section 7 of the Muslim Family Laws Ordinance, 1961 the appellant was not entitled to inheritance from the estate of her deceased husband. However, she was allowed the unpaid dower of Rs,19.5 Million. Counsel in support of his contention has placed reliance on the judgment of the Apex Court in the case of Mushtaq Ahmed v. Mst. Sat Bharai (1994 SCM R 1720) and (Syed All Nawaz Gardezi v. Lt. Col. Muhammad Yusuf (PLD 1963 Supreme Court 51) to contend that under the provisions of Muslim Family Laws Ordinance, 1961 the husband had the option to revoke the divorce pronounced during the period of 90 days and in case, the husband dies before the expiry of 90 days his divorced wife continues to be his widow till the period of 90 days expires and was entitled to inherit from his property. Counsel in order to contend that 90 days period provided in Section 7 also applies to Tallaq-e-Bain has placed reliance on the judgment of Lahore High Court in the case of Mst. Maqbool Jan v. Arshad Hassan (PLD 1975 Lahore 147) to contend that the word divorce "in any form" appearing in Section 7 of Ordinance, 1961 is comprehensive enough to include Talaq in any form and the difference between one or the other form of the divorce is not visualized by the Ordinance.
3. ' On the other hand, Mr. Abdul Sattar Pirzada. Learned counsel for the Respondent has conceded that the issue regarding pronouncement of divorce upon the appellant or her right to inheritance could only be decided after the parties adduce evidence. He has further proposed that the respondents would keep intact the share of appellant either by submitting surety or depositing her share with the Nazir of this Court till the issue is decided.
4. ' Mr. Muhammad Ahmed Qayyum seeks disposal of the instant appeal in the aforementioned terms, however, he says that at least admitted amount of Haq Meher to the extent of Rs,19.5 Million with profit, if any, which is deposited with the Nazir of this Court, be released. Mr. Pirzada has no objection to the release of such amount. Nazir is directed to release Rs,19.5 Million deposited with him, as jointly stated, in favour of the appellant with profit, if any, accrued thereon after proper identification and verification.
5. ' In view of this position, the impugned order is set aside. The appeal is allowed in above terms. Let the suit of the appellant be decided on its own merits.