PESHAWAR: The Peshawar High Court (PHC) on Monday set aside 80 rulings issued by the provincial ombudsperson under the Women’s Inheritance Protection Law, declaring them null and void.
In a detailed 90-page written judgment authored by Justice Muhammad Naeem Anwar, the court held that the Women Property Rights Act, 2019 does not confer powers on the provincial ombudsperson to order the distribution of disputed property.
The court observed that complicated property disputes fall squarely within the jurisdiction of civil courts, noting that the impugned decisions of the ombudsperson were in conflict with the Land Revenue Act, 1967. It further ruled that the ombudsperson cannot interfere in matters already pending before civil or family courts.
According to the judgment, the ombudsperson lacks the authority to stay judicial proceedings or determine ownership rights. During the hearing, the advocate general of Khyber Pakhtunkhwa acknowledged that certain provisions of the law contain deficiencies and require legislative amendments.
The PHC concluded that while the law allows the ombudsperson to examine pending cases, it does not empower the office to adjudicate or decide them.
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