Supreme Court to decide on child’s bid to prove deceased father's divorce of stepmother

A case involving an individual seeking to legally prove that their late father had divorced their stepmother has reached the Supreme Court. 

The legal battle began following the death of an elderly man in May 2021, who had been bedridden prior to his passing. Seven days before his death, a document was reportedly signed and witnessed by two men, stating that the man had divorced his wife, the plaintiff’s stepmother.

The individual initially filed the case in the Family Court to obtain a legal declaration on whether the divorce was valid based on this document. This decision is crucial because a different inheritance case is presently pending in the Civil Court; the woman's legal status as a divorcee or surviving spouse directly affects how the deceased's estate is distributed.

However, the Family Court dismissed the claim, ruling that there was no legal basis for the court to issue a judgment on the matter, a decision that was subsequently appealed to the High Court.

In December last year, the High Court upheld the lower court's dismissal. The High Court ruling specified that the right to file for divorce or seek verification of a divorce belongs strictly to the parties involved in the marriage. 

Furthermore, the court found that the individual did not have a sufficient legal interest to pursue the case. The judges noted that even if the divorce were considered a revocable one, Islamic scholars agree that a wife remains a primary heir if the husband dies during her 'Iddah' (waiting period after divorce). 

Since the father died only seven days after the document was allegedly signed, the woman would still have been in her waiting period, meaning her right to the inheritance would likely remain unchanged.

A majority of two judges at the High Court concluded that the Family Court was correct in refusing to proceed with the case based on the protection of legal interests. The individual has now elevated the matter to the Supreme Court, filing the appeal last Wednesday. 

The Supreme Court has yet to decide whether it will accept the case for a full hearing.