LAHORE:
The Superior Court of Lahore (LHC) has set aside the ruling of a family court, observing that an offer or proposal that is not expressly accepted and instead is found with silence, behavior or behavior that indicates disinterest or lack of will, cannot be accepted at a later stage.
The case involved the petitioner Ahmed Raza, who, during the procedures of the Family Court, offered that he had no objections to the decree of two demands: one for the recovery of the maintenance allocation and another for dowry and gold ornaments, in favor of defendant No.2.
However, he made this conditional to his real parents or brothers who swore a special oath about the Sacred Koran, stating that his statements were sincere.
Interestingly, at that time, respondents did not respond to the offer, or accept or reject it.
Subsequently, the petitioner closed its oral evidence, sought time to produce documentary evidence, and the case was solved for the final arguments on November 16, 2020.
However, before the final arguments could continue, the respondents submitted a request that expressed their willingness to accept the previous offer of the petitioner made during the interrogation.
The petitioner challenged this request, asking the court to decide the demands for merit. However, the Family Court ruled that the petitioner could not withdraw from the offer or proposal he had made.
Challenging this decision, the petitioner approached the LHC, which revoked the order of the Family Court.
Judge Malik Waqar Haider Awan said that once the trial advanced, leaving the unacceptual offer, became ineffective. “The part lost the train by not expressly accepting the offer immediately,” said the judge.
From then on, the documentary evidence of the petitioner was recorded and the matter was established for the final arguments.
The lawyer of respondents No. 2 to 4 argued that once the offer of a special oath was made, the petitioner could not withdraw from it.
Subsequently, the LHC argued that the lack of timely acceptance caused the null and null proposal.
