Thursday, November 19, 2009

Dissolution of Marriage

Citation Name : 2009 SCMR 857 SUPREME-COURT
Side Appellant : MAHMOOD HUSSAIN LARIK
Side Opponent : MUSLIM COMMERCIAL BANK LIMITED




Art. 185(2)(d)(e) & (3)---Appeal to Supreme Court---Maintainability---No value could be given to the subject-matter of the appeals involving labour disputes, service cases, cases arising from the rent jurisdiction or family disputes where the main prayer was of restoration in service, eviction of the tenant on various grounds or dissolution of marriage /custody of minors respectively, although it may be that granting or refusing of the main prayer may result in some monetary benefit to any party to the dispute before the court of first instance and in an appeal---No direct appeal as of right could be filed in said matters as the first pre-condition could not be quantified---Appeal would be to the Supreme Court as of right if the matter was covered under Art.185(2)(d) & (e) of the Constitution and if the matter was not so covered then leave to appeal had to be sought from Supreme Court in terms of Art.185(3) of the Constitution---Principles.





















Citation Name : 2009 YLR 1139 PESHAWAR-HIGH-COURT-NWFP
Side Appellant : MUHAMMAD FAISAL KHAN
Side Opponent : Mst. YUSRA ABID




S. S, Sched. & S.14---Constitution of Pakistan (1973), Art.199---Suit for dissolution of marriage , recovery of dower amount, past and future maintenance amount and recovery of dowry articles--Suit filed by the plaintiff having been decreed by the Family Court, defendant had challenged same in constitutional petition--Family Court, after taking pains and giving due weight to all the essential aspects of the case, decreed the suit of the plaintiff, allowing dower amount and maintenance allowance along with dowry articles etc.---Such findings of the Family Court having been given after thorough sifting the evidence on record, could not be said to be unwarranted in the eye of law---Keeping in view the decretal amount, defendant was required to avail his remedy before the Appellate Court by way of appeal---Having not availed the remedy of appeal under S.14 of the West Pakistan Family Courts Act, 1964, impugned judgment and decree of the Trial Court, which was free from any jurisdictional error, was not open to any interference in the exercise of extraordinary equitable discretionary constitutional jurisdiction of High Court.





















Citation Name : 2009 MLD 419 PESHAWAR-HIGH-COURT-NWFP
Side Appellant : Mst. NAGINA BIBI
Side Opponent : MUKHTAR HUSSAIN




Ss. 5, Sched, & 14---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for recovery of dower amount, maintenance and dissolution of marriage ---Plaintiff filed suit for recovery of dower amount, maintenance and dissolution of marriage ---Both the Family Court and Appellate Court concurrently decreed the suit to the extent of recovery of dower amount and maintenance, but, her prayer for dissolution of marriage was dismissed---Plaintiff had assailed concurrent judgments and decrees of the Courts below before High Court only to the extent of refusing her prayer for dissolution of marriage ---Effect---Record had revealed that there was difference in the temperaments of the parties---Relations inter se the parties had become so strained that it was not possible to have a happy union and to live within the limits prescribed by God and thus plaintiff was entitled to the decree for dissolution of marriage on the ground of Khula---Judgments and decrees of two Courts below were maintained only to the extent that decree for dissolution of marriage was granted to the plaintiff against defendant on the basis of Khula, subject to the condition that plaintiff would not claim the house decreed in her favour as she had claimed the Khula in lieu of the house.





















Citation Name : 2009 PLD 484 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MUHAMMAD KALEEM ASIF
Side Opponent : ADDITIONAL DISTRICT JUDGE




S. 5 & Sched.---Suit for dissolution of marriage on ground of `Khula'---Wife's statement before Court alleging her husband to be extremely cruel, due to which she could not continue to live with him---Validity---Wife was entitled to `Khula' without restoring benefit of dower to husband---Separate suit by wife for recovery of dower, if un­paid, would be maintainable---Suit was decreed in circumstances----Principles.

Citation Name : 2009 PLD 484 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MUHAMMAD KALEEM ASIF
Side Opponent : ADDITIONAL DISTRICT JUDGE




Ss. 5, 7(2), Second Proviso & Sched.---Recovery of maintenance and dower claimed in separate suit, but not claimed by wile in earlier suit for dissolution of marriage ----Validity---Non-filing or separate filing of suit for dissolution of marriage would not bar joining of remaining causes of action in one suit---Purpose of permitting parties to join various causes of matrimonial disputes in one suit would be to avoid multiplicity of proceedings and advance cause of convenience of parties and courts--Principles.





















Citation Name : 2009 YLR 1451 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MOHSIN ALI
Side Opponent : ADDITIONAL DISTRICT JUDGE, FAISALABAD




S. 5 Sched. & S.14---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for dissolution of marriage , recovery of maintenance allowance, recovery of dower money and recovery of dowry articles---Family Court decreed suits filed by the plaintiff for her maintenance allowance at the rate of Rs.3000 per month for her Iddat period, maintenance allowance for minor son at the rate of Rs.4000 per month with 50% annual increase till the majority of the minor---Suit for recovery of gold ornaments given as dower was also decreed upto Rs.1,50,000 and dowry articles upto Rs.1,15, 000---Appellate Court reduced maintenance allowance of minor and appeal of the defendant to the extent of dower money and to the extent of recovery of dowry articles was partly accepted---Both courts below had arrived at the conclusion after considering the evidence produced by both the parties during the trial---Findings of the courts below were based on cogent reasons and were supported by the evidence on record, which could not be interfered with in constitutional jurisdiction of the High Court---Appellate Court had rightly fixed the price of dowry articles as per list produced by the plaintiff and no ambiguity was found in the same---No ground for interference in the findings of Appellate Court having been made out, constitutional petition was dismissed.





















Citation Name : 2009 YLR 1021 LAHORE-HIGH-COURT-LAHORE
Side Appellant : Wing Commander TIPU SULTAN KHAN
Side Opponent : RUBINA SAIRA ZAFFER




S. 5, Sched, Ss. 6 & 7---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit for dissolution of marriage on ground of `Khula'---Territorial jurisdiction of Family Court---Plaintiff filed suit for dissolution of marriage on ground of Khula in the Family Court at place `L'---Later on, when plaintiff went back to place 'I', defendant filed application in which jurisdiction of the Family Court at place 'L' was challenged, which application having been dismissed by the Family Court, defendant filed constitutional petition---Validity---Whether defendant was residing at place 'L' or 'I' was a factual controversy--- `Khula' was announced by the Family Court at place Z', and at that time jurisdiction of the Family Court at place `L' was not challenged---Such fact alone was enough to reject application of defendant--In order to avoid conflict of judgments, the suit for dissolution of marriage having been decided by one court at place 'L', all other ancillary issues also should have been decided by the same Court---Convenience of the lady/plaintiff litigant in family dispute should be given priority while deciding the place of adjudication of cases---Even otherwise, having .not challenged same earlier, subsequent objection, could not be appreciated.





















Citation Name : 2009 CLC 980 LAHORE-HIGH-COURT-LAHORE
Side Appellant : ABBAS AHMAD
Side Opponent : Mst. AYESHA AZIZ




Ss. 7 & 12-A---Matrimonial disputes---Expeditious disposal---Scope---To ensure expeditious disposal of suits relating to dissolution of marriage , family affairs and maintenance etc. West Pakistan Family Courts Act, 1964, being a special statute has been enacted with such specific purpose---Family Court under S.12-A of West Pakistan Family Courts Act, 1964, should dispose of case within a period of six months from the date of its institution.





















Citation Name : 2009 CLC 905 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MUHAMMAD BAKHSH MASOOD
Side Opponent : Mst. AYSHA MAI




S. 7(2)---Joinder of causes of action---Object and scope---Claim for various causes of action relating to matrimony of spouses are allowed to be joined together---Joinder is specifically mentioned with reference to the suit for dissolution of marriage but where suit for dissolution of marriage is not filed there can be no bar in joining rest of causes in one suit---Only purpose of permitting parties to join causes of matrimonial disputes in one suit, is to avoid multiplicity of proceedings as well as advancement of cause, convenience of parties and courts---It cannot be said that cause of matrimonial disputes can be joined together with a suit for dissolution of marriage but in other matters, parties should face rigours of multiplicity of litigation, treacherous inconvenience and agony of multiple litigation---If joinder is not to be permitted without suit for dissolution of marriage , the same renders whole legislation on such point useless.





















Citation Name : 2009 MLD 1042 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MUHAMMAD AMIN
Side Opponent : FAUZIA IKRAM




Ss. 9 & 17A---Suit for dissolution of marriage , recovery of maintenance allowance and dowry articles---Closing of defence of defendant---Validity---Defendant was supposed to file written statement on the first date of his appearance but he had been making all efforts to frustrate progress of claims filed by his wife; he was given last opportunity to file written statement but he showed obduracy and on that account he was burdened with costs which were not paid---Defendant had therefore, lost his right of audience and order closing his defence was quite justified---Order passed for payment of interim maintenance allowance in terms of S.17A, West Pakistan Family Courts Act, 1964 was also perfectly legal.

Citation Name : 2009 MLD 962 LAHORE-HIGH-COURT-LAHORE
Side Appellant : AFTAB AHMAD
Side Opponent : JUDGE FAMILY COURT




dissolution of marriage ---Changing of faith---Offer to accept Islam---Presumption---Lady was Christian by faith and had earlier married to a Christian but she embraced Islam and married a Muslim without getting formal divorce from her former Christian husband---Effect---After repudiating Christianity, lady embraced Islam, though there was nothing on record to show that she invited her Christian husband to accept Islam but it was established that it was in his knowledge that she had changed her faith and was living with a stranger i.e. Muslim husband---Since that former husband did not challenge their co-habitation in any forum, therefore, presumption would be in favour of lady that she offered embracing of Islam to her former husband but he refused to accept the same, thus marriage of respondent lady with the Christian husband stood dissolved.





















Citation Name : 2009 CLC 438 LAHORE-HIGH-COURT-LAHORE
Side Appellant : Mst. HAMIDA YASMIN
Side Opponent : AHMAD ALI




S. 5 & Sched.---Constitution of Pakistan (1973), Art.199---Constitutional petition---dissolution of marriage ---Plaintiff (wife) earlier filed three suits for recovery of past maintenance, dowry articles and dower amount and on basis of compromise received dower amount---Later on the plaintiff filed suit for dissolution of marriage , which was decreed by the trial Court in lieu of payment of dower amount---Plea raised by the plaintiff was that suit for dissolution of marriage was filed on the grounds of bad character and cruel behaviour of defendant and plaintiff had never uttered word of "Khula"---Validity---Plaintiff had not joined the defendant (husband) after the suits were decreed and even before for which period she claimed the maintenance, which is evident that she did not allow the defendant to perform conjugal rights and insisted upon for dissolution of marriage ---Peculiar circumstances made the case demanded where plaintiff (wife) persistently and insistently claimed the decree for dissolution of marriage , she should have returned the amount received as Haq Mehr---Plaintiff was entitled for decree only on the basis of Khula, therefore, no illegality in the impugned judgment could be pointed out resulting into miscarriage of justice---Constitutional petition was dismissed in circumstances.





















Citation Name : 2009 YLR 1073 KARACHI-HIGH-COURT-SINDH
Side Appellant : MUHAMMAD SHOAIB
Side Opponent : Mst. FOUZIA




S. 5, Sched. & S.14---Constitution of Pakistan (1973), Art.199---Constitutional petition-Suits for dissolution of marriage , maintenance and return of Jahez/dowry articles---Petitioner had invoked constitutional jurisdiction of High Court assailing the orders of the courts below, whereby the suit for dissolution of marriage , maintenance and return of dowry articles was decreed---Counsel for the petitioner did not contest the matter in respect of dissolution of marriage but contended that there was gross misreading of evidence in respect of the entitlement of respondent of dowry articles as depicted in the dowry list---Family Court had decided the issues involved in favour of the respondent pertaining to the dissolution of marriage , return of the dowry articles and maintenance---Appellate Court through the impugned judgment decided the issue regarding the dowry articles in favour of the petitioner and maintained the quantum of award of maintenance by the Family Court to the respondents---Counsel for the petitioner had undertaken to pay the maintenance due to the respondents at the rate settled by the Family Court and had agreed to pay maintenance of minor--Impugned judgment did not call for interference in view of undertaking given by the petitioner's counsel.





















Citation Name : 2009 PLD 261 KARACHI-HIGH-COURT-SINDH
Side Appellant : Ms. MAHNAZ BAKHTIAR
Side Opponent : FAROOKH R. MEHRI




S. 32---Petition for dissolution of marriage by wife on the ground that she had been deserted by the respondent without any reasonable cause for a period of three years within the meaning of S.32(g) of the Parsi Marriage and Divorce Act, 1936---Petitioner had averred that she had been living away from the respondent since 15 June, 2001, and that respondent had withdrawn all the obligations rested upon him---Delegates had opined that the petitioner was entitled to a decree for dissolution of marriage on the ground of desertion---When the respondent had extended no allegation and the delegates were also of the opinion that it would be impossible for the parties to live together under one roof, the petitioner had made out a case for the grant of divorce petition---Petition for divorce was granted by High Court in view of the consent of the respondent and the opinion of the delegates---Decree for divorce was allowed under S.32(g) of the Parsi Marriage and Divorce Act, 1936.





















Citation Name : 2009 MLD 379 ISLAMABAD
Side Appellant : Syed SAJID ABBAS ZAIDI
Side Opponent : ADDITIONAL DISTRICT JUDGE




S.5 & Sched.---Constitution of Pakistan (1973), Art.199---Constitutional petition---Khula, grant of---Principles---Suit for dissolution of marriage filed by wife was decreed in her favour by Family Court on the basis of Khula and the judgment was maintained by Lower Appellate Court---Validity---Held, evidence on record should establish that wife could not live with her husband any more, hence wife filed a suit for dissolution of marriage on the basis of Khula---Khula, in accordance with the Holy Quran and Sunnah could be granted, however the same was disliked not only by Allah Almighty but by society as a whole---If wife could not live with her husband any more and she found her husband intolerable then Khula could be granted in accordance with the principles of the Holy Quran and Sunnah, however she was not entitled to dower amount, therefore, amount of dower was waived in such case---High Court in exercise of constitutional jurisdiction, modified the judgment and decree passed by Family Court---Petition was allowed accordingly.





















Citation Name : 2009 PCrLJ 263 FEDERAL-SHARIAT-COURT
Side Appellant : KHALIL AHMED
Side Opponent : State




Ss. 11 & 10(3)---West Pakistan Family Courts Act (XXXV of 1964), S.21(3)(a)---Appreciation of evidence---Main accused was competent to enter into contract of marriage with the alleged abductee after 90 days of the-receipt of the copy of the decree for the dissolution of marriage by the Chairman, as stipulated in S.21(3)(a) of the West Pakistan Family Courts Act, 1964---Documentary evidence placed on record had destroyed the very foundation of the prosecution case as the abductee was the lawfully wedded wife of the main accused on the day of the alleged occurrence---Co-accused, real brother of main accused, therefore, could not be involved in committing Zina-bil-Jabr with his own sister-in-law and that too within the knowledge of main accused for whom a complex and protracted legal battle had been fought---Question of Zina-bil-Jabr did not arise when the abductee had been repeatedly admitting herself to be the wife of the main accused---Prosecution version which, in the entire trial had acquired a focal status, had not only to be plausible but coherent as well and built-in improbabilities could not be safely relied upon---Narration of facts should be natural and appealing to prudent persons---Conviction of accused could not possibly be based on questionable, unconvincing or a dubious story---Accused were acquitted in circumstances.





















Citation Name : 2008 CLC 1641 Supreme Court (AJ&K)
Side Appellant : TANVEER HUSSAIN
Side Opponent : NANI SULTANA




S. 5 & Sched.---Suit for dissolution of marriage on ground of Khula---Plaintiff had claimed dissolution' of marriage, alternatively on the ground of Khula---Plaintiff had deposed that she hated the defendant and alleged that her mother had been murdered by him---F.I.R. was lodged by the plaintiff and after the trial of the case, defendant had been convicted by the Trial Court---Plaintiff had stated that she could not maintain the limits ordained by the Almighty God and she requested that her marriage be dissolved on the basis of Khula---Validity---Basic object and purpose of the marriage was the creation of perfect and happy life and such a life could only be created, if there would be a mutual love and affection, but in the present case the relations between both the parties were so strained that there was no chance of reconciliation and it could safely be said that the parties were unable to maintain the limits ordained by the Almighty God, especially so when the mother of plaintiff had been murdered by the defendant and the plaintiff had been twice attacked by the defendant---Atmosphere of love could not be created, in such circumstances---Entire circumstances of the case had revealed that rift between the parties was much serious and there was no chance of reconciliation at all---Both courts below had rightly dissolved the marriage on the basis of Khula.





















Citation Name : 2008 SCMR 186 SUPREME-COURT
Side Appellant : MUHAMMAD BASHIR ALI SIDDIQUI
Side Opponent : Mst. SARWAR JAHAN BEGUM




S. 5 & Sched.---Constitution of Pakistan (1973), Art.185(3)---dissolution of marriage on ground of Khula---Parties were married in the year 1970---Nikahnama had provided that in case respondent/wife obtained Khula, she would have to pay a sum of Rs.2,50,000 to the petitioner/husband; and if the petitioner would divorce the respondent, he would pay a sum of Rs.2,50,000 to her---Suit filed by respondent (wife) for obtaining dissolution of marriage on ground of Khula was finally decreed---Petitioner (husband) had contended that Family Judge as well as High Court had failed to take into account the Nikahnama-Contention of petitioner was that it was incumbent upon Family Court to award Rs.2,50,000 while granting decree by way of Khula in favour of petitioner---Contention of petitioner was absolutely frivolous as it was against the basic principle of law which required the parties to remain in marital tie in a peaceful and tranquil atmosphere and were not required to be bound by stringent conditions to remain in marriage bond.





















Citation Name : 2008 YLR 293 SHARIAT-COURT-AZAD-KASHMIR
Side Appellant : BILAL HAMZA ABBASI
Side Opponent : WAZIR MUHAMMAD




Divorce---Mode---Islam did not prescribe any specific mode for dissolution of marriage ---Such was an overt act on the part of husband which could indicate a clear intention to annul the marriage to operate as a divorce---No particular form of words was prescribed for effecting a Talaq---If the words of 'Talaq' were clearly expressed, and very well understood as implying divorce, no proof of intention was required---Not necessary that divorce should be pronounced in the presence of the wife or even addressed to her.





















Citation Name : 2008 CLC 952 SHARIAT-COURT-AZAD-KASHMIR
Side Appellant : Raja TAHIR BASHIR
Side Opponent : Mst. GULSHEEDA BIBI




S. 5, Sched.---dissolution of marriage on ground of Khula---Appeal to Shariat Court---Plaintiff filed suit for dissolution of marriage against defendant husband on ground of Khula, alleging that her husband was a cruel person who had made her life miserable by cruelty and ill-treatment; therefore she had developed hatred against him and that she could not live with him within the limits ordained by the Almighty Allah---Plaintiff further contended that she would not even want to see his face and she would prefer to die rather to live with him---All witnesses had supported the allegation of improper behaviour of defendant husband against plaintiff and separation of the spouses---Plaintiff had categorically stated before the court below that she had developed severe hatred against defendant and she could not live with him within the limits ordained by Almighty God---Before invoking power to annul marriage on ground of Khula, court must satisfy its conscience whether the spouses could live a life of love, affection, trust and harmony and if not, then it was better to break the hateful union---Wife, in the present case, was so adamant that she had expressed her hatred by deposing that she would prefer death instead of living with defendant---Islam did not force a woman to live sinful life; that was why right of Khula had been bestowed upon her by the Dictates of Holy Qur'an--Wife was not obliged to prove the fault of the husband, rather if it appeared from the record that relations of the spouses were strained beyond repair on account of fault of either party, whereupon wife had developed severe hatred against her husband, it was always advisable to dissolve the marriage---Marriage was rightly dissolved by the Family Court on ground of Khula, in circumstances---Husband had admitted that land, given by him to plaintiff wife in lieu of dower, was in his possession---Golden ornaments given to her at the time of marriage were sufficient consideration for grant of Khula as ordered by the Family Court.

Citation Name : 2008 CLC 564 SHARIAT-COURT-AZAD-KASHMIR
Side Appellant : Syed ABDUL QAYYUM SHAH
Side Opponent : Mst. TANVEER ANDLEEB




S. 5 & Sched.---Suit for dissolution of marriage on ground of 'Khula'---'Surah-Al-Baqrah' verse No.229 of the Holy Quran was the base and origin of legality of 'Khula'---Limits prescribed by Almighty Allah in said verse, would mean the direction to lead a happy life---Before dissolving the marriage on ground of 'Khula', the court must satisfy its conscience that every apprehension existed that spouses would not lead a happy life within the limits ordained by Almighty Allah and that wife wanted separation from her husband and she had to pay the consideration---If all such conditions were fulfilled, then no option was left for the court, except to annul the marriage and grant 'Khula' in favour of the wife.





















Citation Name : 2008 CLC 564 SHARIAT-COURT-AZAD-KASHMIR
Side Appellant : Syed ABDUL QAYYUM SHAH
Side Opponent : Mst. TANVEER ANDLEEB




S. 5, Sched. & S.14---Suit for dissolution of marriage by wife against her husband on ground of cruelty, mental torture, non-payment of maintenance allowance and on ground of 'Khula', was decreed by the Family Court, whereas suit for restitution of conjugal right filed by husband against wife was dismissed---Validity---Contention of wife was that she was ousted from the house of her husband in March, 2004 and thereafter defendant did not provide her maintenance allowance---Suit having been filed on 3rd February 2005, the ground for decree of dissolution of marriage for non-providing of maintenance allowance for a period of two years was not available to her---Wife had also failed to prove, the factum of cruelty by convincing evidence; however, evidence on record had proved that spouses could not live together within the prescribed limits ordained by Almighty Allah and their relations were strained beyond repair---Wife had developed aversion and hatred against her husband and in no circumstances she was willing to live with him, in such state of affairs, it was better to annul the hateful union rather to compel wife to go back to her husband to lead an unhappy life---Husband had failed to prove as to whether he had given any jewelry, gift or other things to, his plaintiff wife---Family Court fixed the consideration of 'Khula', the dower received by plaintiff wife at the time of marriage ceremony---Impugned decision, did not suffer from any glaring defect or legal, infirmity and the dower money was an appropriate consideration for grant of 'Khula'---Appeal was dismissed, in circumstances.





















Citation Name : 2008 YLR 2789 PESHAWAR-HIGH-COURT-NWFP
Side Appellant : MAHMOOD NOOR
Side Opponent : Mst. FIRASAT BIBI




S. 5 & Sched.---Constitution of Pakistan (1973), Art.199---Constitutional jurisdiction of High Court---Scope---Suit by wife for dissolution of marriage , maintenance and dower against husband---Appellate Court, after hearing both the parties, allowed the appeal of wife to the extent of grant of dissolution of marriage and half share of house mentioned in the Nikahnama to the wife in shape of dower and rest of the claims of wife were turned down---Validity---Appellate Court had properly scrutinized in great detail the evidence of both the parties and had given proper reasoning in partially accepting the appeal of the wife and no misreading, illegality or any irregularity or jurisdictional defect in the impugned judgment of the Appellate Court was found---Held, High Court could not interfere in the judgment and decree passed by the Court of competent jurisdiction for the reason that it was within the exclusive jurisdiction of the Family Court to believe or not to believe the evidence---No interference therefore, was warranted in the impugned judgment of the Appellate Court in exercise of the constitutional jurisdiction under Art.199 of the Constitution---Constitutional petition was dismissed.





















Citation Name : 2008 YLR 2752 LAHORE-HIGH-COURT-LAHORE
Side Appellant : Mst. SHABANA KAUSAR
Side Opponent : AURANGZEB




S. 497(2) (5)---Penal Code (XLV of 1860), S.365-B---Bail, cancellation of---Application for---Further inquiry-Case against accused was lodged by the complainant with a delay of fifty-five days of the alleged occurrence and during that intervening period mother of the petitioner had not made any effort to get a criminal case registered regarding abduction of her daughter/petitioner---Record had shown that petitioner had left the house of accused herself and after that she lodged the impugned F.I.R. against him---Petitioners had also filed a suit for dissolution of marriage which was pending before the Judge Family Court---Petitioner had also filed a private complaint in the court of Senior Civil Judge/Magistrate Section 30, in which she admitted her marriage with accused---Nikah Nama, even if was not a registered document, yet in the light of the suit for dissolution of marriage the fact of Nikah was admitted by the petitioner herself and the fact was yet to be decided by the Judge, Family Court as to whether Nikah Nama was a registered document or not---Trial Court had rightly observed that case against accused called for further inquiry into his guilt within the purview of subsection (2) of S.497, Cr. P. C.---Allegation levelled by the petitioner for misusing the concession of bail by accused was neither supported by the counsel for the petitioner during the course of arguments nor any document had been produced before the court to substantiate that bald allegation---No illegality therefore existed in the order of discretion exercised by the Trial Court in favour of accused. Application for cancellation of bail was declined.





















Citation Name : 2008 YLR 2735 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MUHAMMAD AKBER
Side Opponent : State




S.496-A---Constitution of Pakistan (1973), Art.199---Constitutional petition---Quashing of F.I.R.---Accused were nominated in the F.I.R. for abduction of the girl and mala fides on their part were apparent---Accused were neither appearing before the police in the investigation, nor were producing the alleged abductee before the police---Controversial questions involved in the registration of the case and alleged innocence claimed by the accused could be resolved through investigation---Court could not assume the role of an investigator---Accused through abuse of process of law had, prima facie, filed a suit for dissolution of marriage at a place other than the normal place of abode of the abductee---Nothing was available in favour of accused for quashing the F.I.R.---Unhealthy trend of filing quashment petitions frequently against the regist­ration of criminal cases was deprecated and discouraged---Constitutional petition was dismissed in circumstances.

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