Lahore:
Lahore High Court (LHC) has set aside a Family Court’s decision, observing that an offer or proposal that is not explicitly accepted and is instead met with silence, behavior or behavior indicating disprillation or unwillingness cannot be accepted at a later date.
The case involved was ahmed Raza, who, during the family law case, offered that he had no objection to the decree between two suits – one for the recovery of maintenance allowance and another for dophies and gold ornaments – in favor of respondent # 2.
However, he made this conditional on her parents or real brothers who swear a special oath on the Holy Qur’an and confirmed that her claims were truthful.
Interestingly, at that time, respondents did not respond to the offer, neither accepted nor rejected it.
The petitioner subsequently closed his oral evidence, sought time to provide documentary evidence, and the case was laid down for final arguments on November 16, 2020.
However, before the final arguments could continue, the respondents submitted an application that expressed their willingness to accept the other offer of the other offer made during cross -examination.
The petitioner contested this application and requested the court to decide the suits for profits. Nevertheless, the Family Court gave up that the petitioner could not return to the offer or proposal he had made.
By challenging this decision, the petition approached the LHC, which overturned the family’s court’s order.
Justice Malik Waqar Haider Awan found that when the trial had progressed and left the offer unaccepted, it became ineffective. “The party missed the train by not explicitly accepting the offer immediately,” the judge noted.
Then the other documentary evidence was registered and the case was laid down for final arguments.
Advisor of respondents # 2 to 4 claimed that when the offer of a special oath was made, the petitioner could not withdraw from it.
Then LHC found that a lack of timely acceptance made the proposal invalid.
