Lahore:
The High Court of Lahore (LHC) canceled the decision of a family court, observing that a offer or a proposal which is not expressly accepted and which is rather encountered by silence, conduct or behavior indicating a disinterest or reluctance, cannot be accepted at a subsequent stage.
The case involved the petitioner Ahmed Raza, who, during the family court proceedings, proposed that he had no objection to the decree of two prosecution – one for the recovery of the maintenance allowance and another for dowry articles and gold ornaments – in favor of the respondent n ° 2.
However, he did this conditional to his parents or his real brothers leaving a special oath on the Holy Quran, saying that his claims were truthful.
Interestingly, at the time, the respondents did not respond to the offer, neither acceptance nor reject it.
The petitioner subsequently closed oral evidence, asked for time to produce documentary evidence and the case was set for final arguments on November 16, 2020.
However, before the final arguments could continue, the respondents filed a request expressing their desire to accept the previous supply of the petitioner made during the counter-examination.
The petitioner challenged this request, asking the court to decide on the merit proceedings. Nevertheless, the family court judged that the petitioner could not retreat from the offer or the proposal he had made.
Contesting this decision, the petitioner approached the LHC, which canceled the order of the family court.
Judge Malik Waqar Haider Awan argued that once the trial had advanced, leaving the offer inaccepted, it has become ineffective. “The party failed the train by not expressly accepting the offer quickly,” noted the judge.
Subsequently, the documentary evidence of the petitioner was recorded and the case was broken down for the final arguments.
The lawyer for respondents No. 2 to 4 argued that once the offer for a special oath, the petitioner could not withdraw from it.
Subsequently, the LHC judged that a timely lack of acceptance had made the proposal zero and not avenue.
