Wife could not deprive her Husband's inheritance until its effectiveness through Union Council.

 --S. 7--Specific Relief Act (I of 1877), Ss.42 & 54 -- Suit for declaration and injunction -- Talaq (Divorce) --Proof--Judgment at variance--Plaintiff claimed that divorce deed executed one day prior to death of her husband was illegal and she was entitled to inherit from the estate of deceased--Trail Court dismissed the suit but Lower Appellate Court allowed appeal and decreed suit in favour of plaintiff--Validity--In a case involving conflicting judgments and findings of lower courts, the judgment of lower Appellate Court being the court of re-appraisal of evidence, if was based on evidence and logical reasons, would prevail--Talaq in question could not legitimately deprive plaintiff of her inheritance in the estate of her deceased husband, for its effectiveness--Entire exercise was to be done in the manner provided under the provisions of S.7 of Muslim Family laws Ordinance, 1961--Copy of divorce deed was to be sent to Union Council concerned which had to issue notice thereof certificate for effectiveness of Talaq was to be issued on expiry of 90 days--Neither such proceedings were held nor there was any question of such proceedings as husband of plaintiff had died within one day of alleged Talaq--Plaintiff ws entitled to share from estate of her deceased husband according to Shariah--Findings of facts rendered by lower Appellate Court  in favour of plaintiff after proper appreciation of evidence were based on proper reappraisal of evidence on record -- High Court declined to interfere in judgment and decree passed by Lower Appellate Court as it did not suffer from any illegality or jurisdictional defect-- Defendant failed to point out any misreading or non-reading of evidence by Lower Appellate Court nor any jurisdictions defect was pointed out--Revision was dismissed in circumstance.

2017 CLC 1431 Sindh