The Peshawar High Court (PHC) on Monday declared null and void 80 decisions issued by the provincial ombudsperson under the Women’s Inheritance Protection Law, ruling that the authority had exceeded its legal mandate.
In a detailed 90-page judgment authored by Justice Muhammad Naeem Anwar, the court held that the Women Property Rights Act 2019 does not empower the provincial ombudsperson to order the distribution of disputed property.
The court observed that complex property disputes fall within the exclusive jurisdiction of civil courts and noted that the impugned decisions were in conflict with the Land Revenue Act 1967. It further ruled that the ombudsperson cannot interfere in matters pending before civil or family courts.
The judgment stated that the ombudsperson lacks the authority to halt judicial proceedings or determine ownership rights. During the proceedings, the advocate general of Khyber Pakhtunkhwa informed the court that certain provisions of the law were flawed and required legislative amendments.
The PHC concluded that while the ombudsperson may examine complaints relating to women’s inheritance rights, the law does not permit the office to decide such cases or issue binding orders on property ownership.
