Marriage Cases

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Citation Name: PLJ 2006 FSC 4
Appelant Side: ABDUS SAMAD and others
V e r s u s
Opponent Side: STATE and others
Judge Name: Ch. Ejaz Yousaf, C.J and Dr. Fida Muhammad Khan
Judgment Result:Order accordingly.
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----ss. 5 & 10--criminal procedure code (v of 1898), s. 410--conviction and sentence of imprisonment for offence of zina, assailed--evidence on record would show that case of prosecution against main accused stood proved to the hilt--decree of family court whereby appellant's suit for restitution of conjugal right was dismissed on the ground that no marriage between parties had taken place, is final in matrimonial disputes--dismissal of appellant's suit negates plea of appellant that victim lady was his lawfully wedded wife--appellant admitted that he had lived with victim lady as her husband thus, admitting that he had been committing sexual intercourse with her--coupled with admission of appellant, chemical examiner's report and other depositions alongwith victim lady's statement final appellant guilty of offence of zina beyond any reasonable doubt conviction and sentence awarded to appellant was, thus maintained.----ss. 5 & 10--criminal procedure code (v of 1898), s. 410--conviction and sentence of imprisonment for offence of zina, assailed--evidence on record would show that case of prosecution against main accused stood proved to the hilt--decree of family court whereby appellant's suit for restitution of conjugal right was dismissed on the ground that no marriage between parties had taken place, is final in matrimonial disputes--dismissal of appellant's suit negates plea of appellant that victim lady was his lawfully wedded wife--appellant admitted that he had lived with victim lady as her husband thus, admitting that he had been committing sexual intercourse with her--coupled with admission of appellant, chemical examiner's report and other depositions alongwith victim lady's statement final appellant guilty of offence of zina beyond any reasonable doubt conviction and sentence awarded to appellant was, thus maintained.

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Citation Name: PLJ 2006 FSC 17
Appelant Side: MUREED HUSSAIN and another
V e r s u s
Opponent Side: STATE
Judge Name: Saeed-ur-Rehman Farrukh
Judgment Result:Appeal accepted.
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----s. 10(2)--appellants sentenced--co-accused were acquitted--allegation of preparation of fake nikahnama about marriage inter-se--validity--case was registered by way of counter blast to the murder case--plea of appellants that her father had not objected to her living with accused as his wife for the last 10 years--bitter background of enmity between parties--plea of appellants that it was got registered by way of counter blast to murder case could not be brushed aside lightly--both appellants were living together as a married couple for last 13 years and child had been born out of the relationship--both have entered into matrimonial ties with bona fide belief of being legally entitled to do so--plea of valid marriage was neither frivolous nor absolutely baseless and was capable of being treated to be bona fide then accused could not be held to be guilty of commission of zina--held: no positive proof adduced by prosecution that appellant had not entered into marriage inter-se in a bona fide manner or that they were willfully indulging in zina the question of conviction under s. 10(2) of the offence of zina (enforcement of hudood) ordinance--impugned judgment stigmatized the child born out of marital relationship of appellants as bastard--islam loans heavily in favour of legitimacy of a child--aspect of matter was completely glossed over by trial court--appeal accepted.

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Citation Name: PLJ 2006 FSC 58
Appelant Side: QAISER and 4 others
V e r s u s
Opponent Side: STATE
Judge Name: Zafar Pasha Chaudhry and S.A. Rabbani
Judgment Result:Order accordingly
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----s. --offence of zina (enforcement of hudood) ordinance, (vii of 1979), ss. 10(3), 11 & 16--abudction--zina-bil-jabr--conviction and sentence recorded against accused, assailed--"mst. f.n." was abducted by appellant `s' with assistance of his co-accused, abductee had forcibly taken and marriage with under threat--according to medical report, no injury, laceration, abrasion was seen on her body--swabs were also not found to be stained with semen--occurrence was during broad day light--even all accused were charged under ss. 11 & 10(3) of ordinance and were held guilty, so sentenced--held: story of forcible abduction was totally unbelievable--statement of f.n. was rampant with inconsistencies and improbabilities--appellant in commission of offence was not free from doubt so accused were acquitted of the charges against accused--all accused except one were acquitted of the charges against them and released--shehbaz's conviction u/s. 11 of ordinance was altered to u/s. 16 of the ordinance, sentence was reduced from 25 years to 10 years u/s. 10(3) and to 5 years r.i. u/s. 16 of ordinance with a fine of rs. 20,000/- in default where of to suffer six months--order accordingly.

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Citation Name: PLJ 2006 Cr.C 532
Appelant Side: BABAR ALI
V e r s u s
Opponent Side: STATE
Judge Name: Dost Muhammad Khan
Judgment Result:Bail granted
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----ss. 11 & 16--criminal procedure code (v of 1898), s. 497--offence of zina--petitioner claiming bail on the ground that case against him being of further inquiry he was entitled to bail--complainant's case for jactitation of marriage and in the alternative for dissolution of marriage was pending as also petitioner's suit for restitution of conjugal rights--unless court of competent jurisdiction determines defence plea regarding valid marriage allegedly having been solemnized between parties, case would remain open to further inquiry on criminal side and till such findings are recorded petitioner's case cannot be legitimately taken out of ambit of s. 497(2) cr.p.c.--in such view of the matter, petitioner cannot be denied concession of bail to which he has become entitled as of right--petitioner was, thus, allowed bail in sum of specified amount with two reliable sureties each in the like amount to the satisfaction of court concerned

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Citation Name: PLJ 2006 Cr.C 923
Appelant Side: MUHAMMAD ASLAM
V e r s u s
Opponent Side: STATE
Judge Name: Maulvi Anwar-ul-Haq
Judgment Result:Bail granted
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----s. 497(2)--offence of zina (enforcement of hadood) ordinance, 1979 (vii of 1979), ss. 10 & 16--bail--further inquiry--wife had filed suit against her husband for dissolution of marriage--she also sought protection from magistrate who sent her to "darul amaan", then she was released from "darul amaan"--thereafter she was medically examined and it is rather strange that positive report was given--she stated before judge family court that she has joined her husband and does not want to pursue suit--held: case of accused is of further inquiry--petition allowed and bail granted.
Citation Name: PLJ 2006 Cr.C 930
Appelant Side: MUHAMMAD AKRAM & another
V e r s u s
Opponent Side: STATE
Judge Name: Ijaz Ahmad Chaudhry & Asif Saeed Khan Khosa
Judgment Result:Appeals dismissed
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----s. 302(b)--conviction and sentence--appeal against--presence of both eye witnesses at spot is established without any doubt who had made consistent statements regarding the participation of accused persons in present incident--matter of contracting marriage with sister of accused by deceased after abducting her had been settled between parties subsequently, otherwise they could not live in said house which was easily accessable by relatives of female deceased--it has established through ocular account that accused persons while armed with mauzers had appeared at spot and fired at persons of the four deceased resulting in their deaths--even both eye witnesses remained consistent regarding the locale of injuries sustained by four deceased--they were independent witnesses having no motive to falsely implicate accused persons in present case--moreover, the manner in which occurrence had taken place also shows involvement of more than one accused--held: prosecution had been able to bring home charge of qatl-a-amd to both accused beyond any shadow of doubt--held further: both accused do not deserve for any leniency and death sentence awarded to them is maintained--appeal dismissed

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Citation Name: PLJ 2006 Sh.C-AJ&K 18
Appelant Side: Raja MUHAMMAD ASGHAR
V e r s u s
Opponent Side: STATE and another
Judge Name: Iftikhar Hussain Butt
Judgment Result:Appeal accepted.
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----s. 302 (as applicable in azad jammu and kashmir), criminal procedure code, 1898 (v of 1898), s. 410 (as applicable in azad jammu and kashmir)--sentence of death for offence of murder, assailed by accused--quantum of proof--evidence on record would indicate that deceased was accidentally hit by firing of lethal weapon of participants of marriage ceremony--complainant did not lodge f.i.r., rather his statement was recorded after 24 hours of delay--complainant did not nominate the accused in f.i.r.--complainant in his statement u/s. 161 cr.p.c. did not mention name of any accused--statments of other prosecution witnesses were recorded after 10 days of occurrence however, none of them implicated accused--weapon of offence was not recovered from accused--video film of marriage ceremony prepared at place of occurrence did not show accused firing at deceased rather it showed that some persons were making aerial firing--prosecution witnesses were related interse and all were close relatives of complainant--deposition of such witnesses was not corroborated by independent piece of evidence--prosecution witnesses who had not mentioned name of accused changed their view after 9 months of occurrence and nominated appellant as the accused--burden of proving case rests on prosecution, however prosecution failed to prove its case beyond reasonable doubt--defence plea of non-involvement of accused in occurrence in question when considered in juxta-position of prosecution case, prosecution case stood shattered--police challaned accused u/s. 322 p.p.c. however after 9 months of occurrence, story of qatl-e-amad was introduced by complainant and eye-witnesses--prosecution story being doubtful, benefit of doubt must go to accused and he was acquitted of the charge of murder.

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Citation Name: PLJ 2006 Lahore High Court 37
Appelant Side: FAISAL ZULFIQAR
V e r s u s
Opponent Side: JUDGE FAMILY COURT RAWALPINDI and another
Judge Name: Syed Shabbar Raza Rizvi
Judgment Result:Petition dismissed.
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----s. 7(3)(ii)--interpretation of--suit for dissolution of marriage--documents of reliance--filing of "relies"--held: one can only rely on a document, a paper or thing which exist--document in dispute did not exist--at the time of filing of dissolution suit, how could she--rely on the same at that time--s. 7(3)(ii) not attracted--petition dismissed.

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Citation Name: PLJ 2006 Lahore High Court 41
Appelant Side: Mst. AYESHA BIBI
V e r s u s
Opponent Side: DISTRICT JUDGE
Judge Name: Muhammad Muzammal Khan
Judgment Result:Petition dismissed.
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----s. 17(3)--custody of minor--minors option to select amongst their parents--suit for custody of minors--both petitioner and respondent re-married--held: through provisions of s. 17(3) of guardian and wards act are directory in nature, yet in order to see whether some intelligent selection amongst their parents by the minors is in their welfare--parents were summoned held--petitioner's husband has no interest in proper bringing up of the minors and one of them being female of the age of 14 years, it is not safe for her to live with petitioner--respondent no. 1 has no off shoot from the second marriage--he cannot be deprived of the custody of the minors--petition dismissed.

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Citation Name: PLJ 2006 Lahore High Court 499
Appelant Side: MUHAMMAD RAMZAN
V e r s u s
Opponent Side: STATION HOUSE OFFICER P.S. NOSHEHRA VIRKAN DISTT. GUJRANWALA and 6 others
Judge Name: Asif Saeed Khan Khosa
Judgment Result:Petition allowed.
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----s. 16--constitution of pakistan, 1973, art. 199--allegation of enticing away--suit for dissolution of marriage had been instituted prior to lodging fir--enticee had denied allegation of her enticing away--alleged enticee happened to be star witness of prosecution and she did not support prosecution's case that there was no likelihood of accused and co-accused being convicted of the offence at end of the day--matrimonial issue had been converted by complainant party into criminal case so as to bring weight of criminal law to bear upon alleged enticee in order to break resolve and to force her back into matrimonial fold--such utilization of criminal process was found by high court to be nothing but abuse of process of law which could not be allowed--petition allowed.

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Citation Name: PLJ 2006 Lahore High Court 572
Appelant Side: ABDUL KHALIQ and others
V e r s u s
Opponent Side: Mst. SAIRAN
Judge Name: Muhammad Jehangir Arshad
Judgment Result:Revision dismissed.
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----s. 2-a [added by punjab muslim personal law (shariat) (amendment) act (xiii of 1983)--death of last male owner in 1945--property owned by deceased went to his widow under custom for maintenance--second marriage by widow in 1950, was proved when punjab muslim personal law (shariat) application was made applicable in place of custom--widow was thus, entitled to 1/4 share of estate left by her deceased husband who had died issueless--plaintiffs being collaterals/nephews) of deceased were entitled to 3/4 share of estate left by last male owner--provision of s. 2-a, having been incorporated in west pakistan muslim personal law (shariat) application act, 1962 by act xiii of 1983, revision filed by petitioners claiming entire estate of deceased on basis of custom, was not maintainable and the same was dismissed on basis of rule laid down by supreme court in pld 1985 sc 407.

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Citation Name: PLJ 2006 Lahore High Court 681
Appelant Side: Mst. BHAGARI
V e r s u s
Opponent Side: KHIA and 2 others
Judge Name: Maulvi Anwar-ul-Haq
Judgment Result:Revision accepted.
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----art. 260 (3)--(added by constitution (second amendment) act, 1974 and substituted by constitution (third amendment) order, 1985--muslim--definition of--any person who professes muhammadan religion and acknowledges that there is no god but one allah and that hazrat muhammad (pbuh) is his last prophet is muhammadan; that such person has absolute belief in absolute finality of prophethood of hazrat muhammad (pbuh) and does not believe or recognize any other person claiming to be a prophet--petitioner lady having professed to be a muslim in strict terms laid down in the constitution, her such statement/belief cannot be questioned--as far question of marriage of petitioner lady with a quadiani or ahmadi is concerned, such fact may affect validity of her marriage but would not affect her right to inherit her father.

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Citation Name: PLJ 2006 Lahore High Court 740
Appelant Side: Mst. ZOHRA BIBI
V e r s u s
Opponent Side: SUPERINTENDENT DAR-UL-AMAN MULTAN and another
Judge Name: Muhammad Jehangir Arshad
Judgment Result:Order accordingly.
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----arts. 10, 35 & 199--petitioner's confinement in dar-ul-aman--petition for release of petitioner from dar-ul-aman and setting her at liberty--petitioner admittedly in sui-juris, thus, she had inalienable right to contract marriage with person of her own choice--petitioner admitted her marriage with person claiming to be her husband and strongly deniedher previous marriage with a person claimed to be her husband by her father--s.h.o. of the area under direction of high court made inquiry about her previous marriage which fact was not proved as per report of s.h.o.--petitioner being sui-juris cannot be ordered to be kept in dar-ul-aman for in definite period, which is even otherwise violative of art. 10 of the constitution--right of marriage is also constitutionally protected under art. 35 of the constitution--perosn claiming to be petitioner's first husband was directed to get verdict of genuineness of his nikah with petitioner from judge family court, if so advised--s.h.o. presented in court was directed to ensure that no illegal harassment was caused to petitioner.

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Citation Name: PLJ 2006 Lahore High Court 762
Appelant Side: FAISAL NAEEM SARWAR
V e r s u s
Opponent Side: S.H.O., POLICE STATION DIJKOT DISTRICT FAISALABAD and 7 others etc.
Judge Name: Muhammad Muzammal Khan
Judgment Result:Petition accepted.
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----art. 199--offence of zina (enforcement of hudood) ordinance (vii of 1979), s. 11--quashment of fir--sui juris marriage out of her free will--petitioner entered into a tie of marriage with "mst. b.n" through a registered nikha nama--registration of criminal case of alleged abductee was not only unauthorized but also misuse of process of law--constitutional jurisdiction--abductee being major/sui juris with the age of 20 years performed nikah with petitioner and also shown affidavit that no body had abducted her and abductee left the house of the complainant of her own empty handed--held: there had been a lawful marriage between the petitioner and abductee, thus they had not committed any cognizable offence--where two major muslims of sound mind solemnize marriage out of free will, by entering into a contract for procreation and legalization of their children according to muslim family laws ordinance, 1961 no cognizable under the offence of zina (enforcement of hadd) ordinance, 1979 is made out--further held--registration of criminal case against accused was apparently without commission of cognizable offence and was opted by police out of sheer misuse of process of law--petition accepted.

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Citation Name: PLJ 2006 Lahore High Court 766
Appelant Side: Mst. NAZIRAN BIBI
V e r s u s
Opponent Side: ADDITIONAL DISTRICT JUDGE, MIANWALI and 2 others
Judge Name: Muhammad Muzammal Khan
Judgment Result:Appeal accepted.
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----s. 25--constitution of pakistan (1973), art. 199--custody of minor daughter--mother and father of minor having been separated by divorce were living apart--both claimants i.e. mother and father of minor had entered into their respective second marriages--father of minor was admittedly serving in army where he had to perform his full time duty and he was periodically transferred from one cantonment to another--in absence of father, grandmother of minor was to look after minor, however, she was ill, aged and could not look after minor--step mother could not be relied upon to take care of minor--petitioner/mother's second husband was closely related to minor besides being from same brother hood--lap of mother is the best school for growing child and no one else can look after welfare of minor as compared to woman who had given birth to child--minor is of four years age and from her birth is living with her mother and thus, must have developed deep association/ attachment with her--snatching of minor's custody from her mother in such tender age and entrustment to step-mother could not be justified--evidence on record revealed that welfare of minor was being best served while her living with her mother as compared to respondent who due to his service remains out of house and was not in a position to look after affairs or well being of minor--appellate court's judgment handing over custody of minor to her father was thus, not warranted and was declared to be void and non-existence in the eye of law--trial court's judgment handing over custody to petitioner mother being in accordance with law was thus, restored.
Citation Name: PLJ 2006 Lahore High Court 927
Appelant Side: MUHAMMAD AZAM
V e r s u s
Opponent Side: A.D.J., etc.
Judge Name: Muhammad Jehangir Arshad
Judgment Result:Petition dismissed.
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----s. 6--entitlement of dowry without dissolved of marriage or death--suit of respondent for recovery of dower was dismissed--appeal allowed by first appellate court--assailed--validity--question of--deferred dower cannot be claimed unless marriage is dissolved by death of either party or till dissolution--held : dower whether prompt or deferred is inalienable right of wife and after consummation same becomes vested right for wife to claim at any time--first appellate court neither committed any illegality or irregularity nor same suffer from any jurisdictional defect--petition was dismissed.

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Citation Name: PLJ 2006 Lahore High Court 983
Appelant Side: Mst. NASIM SHARIF (WIDOW)
V e r s u s
Opponent Side: IMTIAZ ALI KHAN and 3 others
Judge Name: Sh. Azmat Saeed
Judgment Result:Petition dismissed.
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----ss. 3 & 9--family courts act (xxxv of 1964), s. 14--constitution of pakistan, 1973--art. 199--constitutional petition--suit for recovery of dowry articles before family court--daughter of respondent was married to son of the petitioner--spouses was died in an accident--petitioner declined to return dowry articles to respondent who were legal heirs of deceased daughter--objection regarding competency of suit was raised in written statement--issues were framed and parties were put to evidence--during course of cross-examination petitioner was confronted with a video recording of the marriage of the deceased spouses at which point of time, the petitioner walked out from the court and boycotted the proceeding--cross-examination could not be completed--no further evidence was produced by petitioner--suit was decreed in favour of respondent--assailed--jurisdiciton vested in family courts was determined on basis of subject-matter and not on the basis of the persons, permitted or entitled to invoke such jurisdiction--no provision which identified the person entitled to initiate the proceedings before family courts which have exclusive jurisdiction to adjudicate upon the matters mentioned in schedule--factum of filing of suit for recovery of dowry articles mentioned at serial therefore, family court would have jurisdiction to adjudicate upon the matter especially that right to sue did not survive the death of the wife--family court had jurisdiction to adjudicate upon the suit filed by respondent--no evidence in respect of contentions raised to the allegations made in written statement qua the respective time of each of the spouses--petitioner herself alongwith her counsel walked out from the court and boycotted the proceedings, an action which was totally uncalled for and was alien to judicial process--petitioner could not and should not be allowed to take advantage--petitioner herself refused to be subjected to cross-examination and did not deliberately produce any evidence--contentions were wholly misconceived--petition dismissed.

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Citation Name: PLJ 2006 Lahore High Court 1025
Appelant Side: AHMAD HASSAN
V e r s u s
Opponent Side: JUDGE FAMILY COURT, SADIQABAD and another
Judge Name: Sh. Hakim Ali
Judgment Result:Petition dismissed.
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----s. 9(1)(b)--new added provision--no separate suit shall lie--family court to treat the written statement of wife in a suit for restitution of conjugal rights as plaint for dissolution of marriage--suit for restitution of conjugal right was filed by petitioner availing of the opportunity and providing the benefit to wife--in her written statement she had clearly prayed for grant of decree for dissolution of marriage on basis of option of puberty or in alternate on the basis of khula--high court not in agreement with counsel because procedure prescribed in ss. 7 & 8 had proceeded the amendment inserted in s. 9, therefore, no need to proceed with provision of ss. 7 & 8 of the west pakistan family courts act, 1964--it is pertinent that after filing of written statement with prayer for grant of dissolution of marriage, plaintiff had not asked the court to permit him to file reply to it--even in high court, no such claim had been raised--held: courts below has correctly proceeded with suit--court had found no jurisdictional defect in judgment and decree passed by it--petition dismissed.

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Citation Name: PLJ 2006 Lahore High Court 1111
Appelant Side: MEHTAB RAZA
V e r s u s
Opponent Side: ADDITIONAL DISTRICT JUDGE, JHANG and 2 others
Judge Name: Muhammad Muzammal Khan
Judgment Result:Petition dismissed.
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----s. 105, o. xli, r. 27--constitution of pakistan, 1973, art. 199--suit for jactitation of marriage--dismissed of--assailed--acceptance of--writ petition against--respondent had moved an application for permission to produce her nikahnama which was dismissed by trial court--necessity of production of additional evidence was felt by appellate court--no injustice has been done to petitioner through impugned order, whereas controversy could not be put to rest without permitting respondent to produce evidence with regard to her earlier nikah--evidence sought to be produced by respondent was necessary for fair decision between parties--petitioner has been given right of rebuttal by appellate court and if he, that nikahnama of respondent was not genuine, he would be given right of leading evidence in support thereof--petition dismissed.

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Citation Name: PLJ 2006 Lahore High Court 1215
Appelant Side: SHAHIDA PARVEEN etc.
V e r s u s
Opponent Side: SAMIULLAH MALIK etc.
Judge Name: Mian Saqib Nisar and Sayed Zahid Hussain
Judgment Result:Appeal allowed.
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----ss. 73 & 74--marriage--either it equate with the ordinary contract-whether the provisions of contract act or general law attracted--marriage bond between the two muslims is in the nature of a civil contract, but at the same time it shall be a grave misconception to equate it with the ordinary contracts of sale purchase, the property transactions or for those to provide personal services, etc. entered into between the parties under the contract laws--there is no concept of any breach of marriage contract, obviously the provisions of section of the contract act or the general law in this behalf shall not be attracted.

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Citation Name: PLJ 2006 Lahore High Court 1232
Appelant Side: ZULFIQAR
V e r s u s
Opponent Side: Mst. KHANAN MAI and 3 others
Judge Name: Muhammad Muzammal Khan
Judgment Result:Petition dismissed.
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----s. 25--constitution of pakistan, 1973, art. 199--custody of minor--welfare of minor--spouses entered into tie of second marriage on and due to second marriage the mother was disqualified to be appointed as guardian of the minors and being father could claim custody of minors but due to his second marriage, welfare of the minor was to be looked into.

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Citation Name: PLJ 2006 Lahore High Court 1260
Appelant Side: ABDULLAH
V e r s u s
Opponent Side: NAILA ASLAM and 3 others
Judge Name: Muhammad Muzammal Khan
Judgment Result:Petition dismissed
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----ss. 5 & 7--muslim family law ordinance, (viii of 1961), s. 9--constitution of pakistan, 1973, art. 199--suit for granting of maintenance allowance and recovery of dower amount as per agreement--suit decreed and appeal was dismissed--assailed--enhancement of dower amount--husband did not refuse his liability to pay maintenance allowance awarded to wife and minor son--wife could not prove enhancement of dower amount and agreement by her was forged--wife claimed in plaint, not only produced agreement executed by husband enhancing the dower amount but also examined its marginal witnesses--denial of execution by the petitioner appeared to be after thought and was put forth just to avoid liability to pay enhanced dower amount--no effort on his behalf was ever made for comparison of signature from handwriting expert by moving application before courts below which negatively reflects on his stance in written statement--held: dower amount was fixed in nikahnama but same under islamic law could have been enhanced by husband at any time during subsistence of marriage--lawful decision within jurisdiction could not be substituted on petition and dismissed.

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Citation Name: PLJ 2006 Lahore High Court 1389
Appelant Side: Mst. IQBAL BIBI
V e r s u s
Opponent Side: BASHIR AHMAD and 2 others
Judge Name: Syed Sakhi Hussain Bukhari
Judgment Result:Petition dismissed.
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----art. 199--entitlement of maintenance allowance--illegality--held: father was not liable to maintain a grown up and disobedient daughter especially one who was of marriageable age and was living away without his consent--held: no illegality or infirmity in impugned judgment--no justification to set aside same--petition dismissed.

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Citation Name: PLJ 2006 AJ&K Court 59
Appelant Side: MUHAMMAD YOUSAF KHAN and others
V e r s u s
Opponent Side: ABDUL GHAFOOR and others
Judge Name: Sardar Muhammad Nawaz Khan
Judgment Result:Order accordingly
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----s. 100--second appeal--suit decreed--first appellate court observed that parties to suit are entitled to 1/2 (one half) of suit land--transfer of land by husband to his wife in lieu of dower sufficiently proved--mutation in favour of rival party--effect of--execution of document is satisfactorily proved--document shows transfer of property (suit land) in favour of mst. "n" in lieu of her dower--possession of suit land is also found to have been transferred to mst. "n"--she remained in possession of suit land--all requirements of gift are satisfied--appellants are owners of suit land--mutation are inoperative and ineffective to their rights of appellant in suit land--judgment and decree of ist appellate court stands reversed to extent of 1/2 of suit land passed on strength of non-consummation of marriage--suit decreed in toto by dismissing the cross suit--order accordingly

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Citation Name: PLJ 2006 Lahore High Court 183
Appelant Side: Mst. IRFANA FAIZ and another
V e r s u s
Opponent Side: STATE and 2 others
Judge Name: Muhammad Jehangir Arshad
Judgment Result:Petition dismissed.
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----before expiry of iddat--validity of talaq--talaq is not effective and in present case distinguish feature was that petitioner's marriage who stood within prohibited degree before expiry of iddat period--held: no inclined to legalize that marriage on touchstone of law declared by supreme court by ignoring distinguishable feature--constitutional petition being equitable discretionary relief same could not be extended exercised when grant of such relief is immoral unfair or against dictates of good conscience and fair play--marriage between parties just three days after alleged divorce with real sister of earlier wife was an unholy which could not be perpetuated by high court through constitutional petition.
Citation Name: PLJ 2006 SC-AJ&K 78
Appelant Side: MUHAMMAD KHALIL
V e r s u s
Opponent Side: SHAZIA IQBAL and 2 others
Judge Name: Khawaja Muhammad Saeed, C.J.
Judgment Result:Appeal accepted
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----dissolution of marriage on basis of khula--family court passed decree for dissolution of marriage on `khula' in lieu of specified amount--shariat court while deciding appeal found that appellant (husband) was not entitled to receive specified amount, however judgment and decree to the extent of dissolution of marriage on "khula" was maintained--legality--court has power to dissolve marriage on basis of `khula' where it is established that spouses cannot live together and cannot maintain limits ordained by almighty allah--marriage in such cases is dissolved by court normally on condition of repayment of dower amount received by wife unless there were compelling circumstances to withhold the same and order dissolution on basis of `khula'--respondent's wife had sought dissolution on specific grounds which have not ben proved, except spouses cannot live happily--respondent herself having sought dissolution on ground of `khula' has to pay at least that amount which she had received in lieu of "nikah"--such is the spirit of verse no. 229 of "sura baqra--order passed by shariat court in appeal as thus, set aside while that of trial court ordering dissolution of marriage in payment of dower amount to appellant was maintained.

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Citation Name: PLJ 2006 AJ&K Court 59
Appelant Side: MUHAMMAD YOUSAF KHAN and others
V e r s u s
Opponent Side: ABDUL GHAFOOR and others
Judge Name: Sardar Muhammad Nawaz Khan
Judgment Result:Order accordingly
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----s. 100--second appeal--suit decreed--first appellate court observed that parties to suit are entitled to 1/2 (one half) of suit land--transfer of land by husband to his wife in lieu of dower sufficiently proved--mutation in favour of rival party--effect of--execution of document is satisfactorily proved--document shows transfer of property (suit land) in favour of mst. "n" in lieu of her dower--possession of suit land is also found to have been transferred to mst. "n"--she remained in possession of suit land--all requirements of gift are satisfied--appellants are owners of suit land--mutation are inoperative and ineffective to their rights of appellant in suit land--judgment and decree of ist appellate court stands reversed to extent of 1/2 of suit land passed on strength of non-consummation of marriage--suit decreed in toto by dismissing the cross suit--order accordingly

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Citation Name: PLJ 2005 FSC 33
Appelant Side: MUHAMMAD ALI BABAR
V e r s u s
Opponent Side: STATE and another
Judge Name: Ch. Ejaz Yousaf
Judgment Result:Petition dismissed.
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----offence of zina (enforcement of hudood) ordinance, (vii of 1979) ss. 10, 11 and 15--criminal procedure code, (v of 1898) s. 540--petitioner/ accused contracted second marriage with subsisting marriage of respondent's sister--at the trial, abductee somersault statement to save the petitioner--respondent's application was allowed--assailed--held: complainant/respondent was neither party to police challan case nor was cited as witness or allowed to appear as a court witness, despite application made for purpose--therefore, proceeding in challan would not have been stayed on her application.

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Citation Name: PLJ 2005 FSC 33
Appelant Side: MUHAMMAD ALI BABAR
V e r s u s
Opponent Side: STATE and another
Judge Name: Ch. Ejaz Yousaf
Judgment Result:Petition dismissed.
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----s. 540--offence of zina (enforcement of hudood) ordinance, (vii of 1979), ss. 10, 11 & 15--petitioner contracted second marriage with subsisting wife's sister--case had been registered under hudood ordinance, against petitioner by his second wife--abductee took somersault statement--private complaint filed by respondent had stayed proceeding--application of respondent regarding to examine as a court witness was allowed--assailed--contentions--complainant/ respondent was wedlock with petitioner and her marriage was still subsisting, when petitioner contracted second marriage with her sister, therefore, petitioner and complainant's sister mst. "s.i." were guilt of zina--held: petitioner has been charged for abduction as well as commission of zina-bil-jabr--whereby trial court had stayed proceedings in challan appear to be proper and justified because there was every likelihood that either of the parties would have been prejudiced--if he would have proceeded with police challan case at first and it had resulted in acquittal of accused, then there was possibility that complaint would have been frustrated--petition dismissed.

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Citation Name: PLJ 2005 FSC 50
Appelant Side: ISHFAQ HUSSAIN & another
V e r s u s
Opponent Side: STATE and others
Judge Name: Saeed-ur-Rehman Farrukh and
Judgment Result:Order accordingly.
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----s. 10(2)/16--conviction and sentence--challenge to--appreciation of evidence--appellants married with each other--complainant got executed nikahnama of appellant "mst. t.a." with "g.m." and got registered criminal case--appellant filed suit for jactitation of marriage which was dismissed upto high court--validity--prosecution had succeeded in obtaining conviction by leading evidence that "mst. t.a." marriage had been solemnized earlier with "g.m." and during subsisting marriage she went away with appellant "mr. a"--appellants took the plea that "mst. t.a." was never married to "g.m."--"mst. t.a." married with "g.m." by her father's consent--prosecution failed to produce regarding alleged nikahnama of petitioners--bogus nikahnama was prepared by the prosecution--complainant succeeded in falsely prosecuting both the appellants out of sheer malice on the strength of nikahnama which was forged--judgments of courts below with context of the evidence on record cannot be treated to be of binding nature for the purpose of adjudication of present criminal case--prosecution miserably failed to charge against the appellants--order accordingly.

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Citation Name: PLJ 2005 FSC 117
Appelant Side: Mst. NISA BEGUM and another
V e r s u s
Opponent Side: STATE
Judge Name: Zafar Pasha Chaudhry
Judgment Result:Accused acquitted.
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----ss. 10 & 16--conviction and sentence recorded against appellant--challenge to--appreciation of evidence--determination of--whether conviction under s. 10 of the ordinance can be sustained merely because no divorce certificate or written notice on behalf of appellant is necessary--held: provisions of muslims family law ordinance the marriage, as well as, divorce has to be duly registered with the concerned union council elaborate procedure for divorce has also been laid down--divorce certificate or written divorce notice was not present on the file but there is reliable evidence on the record from which it could unequivocally be inferred that possibility of tendering divorce cannot be ruled out then it would be not only unsafe rather highly unjust to convict a woman for offence under section 10 of the ordinance merely because she could not produce the relevant document.

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Citation Name: PLJ 2005 Cr.C 929
Appelant Side: AKBAR ALI
V e r s u s
Opponent Side: NAZIM HUSSAIN and 2 others
Judge Name: Ijaz Ahmad Chaudhry
Judgment Result:??
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----s. 497(5)--offence of zina (enforcement of hudood) ordinance, (vii of 1979), s. 11--cancellation of bail before arrest--prima facie--prevalent law for reconciliation between spouses--conduct of--validity of nikah--both accused/respondents were guilty of void marriage because person could not contract nikah with two real sisters at same time--matter was required thorough probe and investigation, but grant of pre-arrest bail to respondent/accused has hampered investigation--at that stage remaining of respondent/accused with each other would amount to continuation of commission of zina-bil-raza with each--held: conduct of respondents disentitled them to grant of bail before arrest as both prima facie were guilty of an immoral act by deceiving earlier wife, the real sister and other relatives--grant of pre-arrest bail to accused set aside and bail cancelled.

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Citation Name: PLJ 2005 Cr.C 933
Appelant Side: SYEDAN BIBI
V e r s u s
Opponent Side: DISTRICT & SESSIONS JUDGE, KHANEWAL and 2 others
Judge Name: Muhammad Nawaz Bhatti
Judgment Result:Petition dismissed.
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----ss. 435/439, 491--heabus petition--validity custody of minors--assailed--admittedly--respondent contracted second marriage--welfare of minors--custody of minors with real father is not illegal--petitioner can approach guardian judge for custody of minors--petition dismissed.

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Citation Name: PLJ 2005 Cr.C 936
Appelant Side: MUHAMMAD AYUB
V e r s u s
Opponent Side: STATE
Judge Name: Muhammad Akram Baitu
Judgment Result:Bail confirmed.
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----s. 497(2)--pakistan penal code, (xlv of 1860), ss. 365, 452, 148, 149 & 380--bail grant of--prayer for--petitioner has sought for relief of anticipatory bail--entitlement of bail--neither abducted by petitioner nor contracted marriage with complainant--prosecutrix has exonerated petitioner--suit for jactitation of marriage had already been decreed in favour of prosecutrix--sufficient reasons for bail--case falls in u/s. 497(2) cr.p.c.--pre-arrest bail already granted, high court hereby confirmed.

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Citation Name: PLJ 2005 Cr.C 946
Appelant Side: MUHAMMAD AZHAR
V e r s u s
Opponent Side: STATE
Judge Name: Ali Nawaz Chowhan
Judgment Result:Bail granted.
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----s. 10--offence of zina--d.n.a. test--evidentiary value of--d.n.a. test is important piece of evidence for husband to establish allegation of zina against his wife and use the same as a support justifying taking of oath as ordained by surah "al-noor", which leads to consequences of breaking marriage--d.n.a. test would further help in establishing legitimacy of a child, thus, utility and evidentiary value of the same would be acceptable but not in a case falling under penal provisions of zina punishable under hudood laws having its own standard of proof.
Name: PLJ 2005 Cr.C 740
Appelant Side: MUHAMMAD JAVAID IQBAL and 2 others
V e r s u s
Opponent Side: STATE
Judge Name: Mian Muhamamd Najam-uz-Zaman
Judgment Result:Appeal allowed.
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----ss. 302/364/34--criminal procedure code, (v of 1898), s. 410--appreciation of evidence--conviction and sentence--challenge to--complainant knew that appellant was not happy over marriage of his sister with deceased, but why he kept mum for two months after dis-appearance of his brother (deceased) and never reported matter to police or co-villagers--pw. how was not resident of area, his statement is silent about his visit to complainants, house--statement of pw. was also recorded after unexplained delay of two months which is sufficient to doubt credibility of witness so, it is unsafe to rely upon such part.

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Citation Name: PLJ 2005 Cr.C 829
Appelant Side: MUHAMMAD RAMZAN etc.
V e r s u s
Opponent Side: STATE
Judge Name: Muhammad Nawaz Bhatti
Judgment Result:Bail allowed.
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----s. 497--offence of zina (enforcement of hidood) ordinance, 1979 (vii of 1979), s. 10/11--bail, grant of--prayer for--further inquiry--held: nikahnama has been verified--validity--alleged abductee being sui juris has legal right to contract marriage with accused and police has recommended case for its cancellation--case falls further inquiry--bail allowed.

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Citation Name: PLJ 2005 Cr.C 897
Appelant Side: ABDUL KHALIQ and others
V e r s u s
Opponent Side: STATE
Judge Name: Ijaz Ahmad Chaudhary & M.A. Shahid Siddiqui
Judgment Result:Order accordingly.
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----s. 10(4)--offence of zina-bil-jabr--principal accused--liability--possibility could not be ruled out that complainant's brother being in police custody on allegation of zina with sister of principal accused, complainant had agreed to perform marriage with him and was sent with him immediately as per decision of punchayat, who instead of performing marriage committed zina with her as he wanted to take revenge of "ziadti" committed with his sister--offence of zina having been proved against principal accused his conviction under section 10(4) was converted to s. 10(3), of offence of zina (enforcement of hudood) ordinance 1979 and sentenced to 25 years of rigorous imprisonment--sentence of fine awarded to him was however, maintained.

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Citation Name: PLJ 2005 Lahore High Court 1186
Appelant Side: Mst. AMNA BIBI
V e r s u s
Opponent Side: STATE and 3 others
Judge Name: Ijaz Ahmad Chaudhry
Judgment Result:Petition accepted.
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----art. 199--criminal procedure code (v of 1898), s. 561-a--quashment of f.i.r.--complainant lodged fir for allegedly commission of offence of isqat-i-janin--challenge to--validity--more oral statements of witnesses, when suit for dissolution of marriage was already filed by petitioner against complainant, is not sufficient to prima facie make out offence of isqat-i-janin--no date of occurrence has been mentioned in fir--the case has been got lodged with mala fide intention and ulterior motive to restrain petitioner from prosecution of her suit for dissolution of marriage already filed against him--in such circumstances further proceedings with fir will be abuse of process of law which cannot be allowed to continue--petition accepted and fir quashed in circumstances.

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Citation Name: PLJ 2005 Lahore High Court 1247
Appelant Side: Mst. HALEEMA BIBI
V e r s u s
Opponent Side: ABDULLAH SAEED ANWAR and 3 others
Judge Name: Sh. Hakim Ali
Judgment Result:Revision accepted.
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----validity of registered gift deed--denial of--illiterate villager--parda nasheen lady--not only transaction has to be proved with cogent evidence but that was entered by her with conscious application of mind and through independent advice--land in question was the only asset of petitioner--it was not expected from her to gift away that land to husband having another wife and the children from that wife--due to love affair, the lady had contracted marriage with respondent's father and had gifted away the property to him--it could not be presumed that the lady had gifted away all her lands to that alleged donee--held : lady could not lose all her assets after culmination of that alleged affair into marriage--further held : petitioner had only to controvert, negate and refute the execution of the alleged gift deeds while it was for respondents to prove execution and attestation of the deed of gift and transation--revision accepted and decree passed by civil court restored.

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Citation Name: PLJ 2005 SC-AJ&K 171
Appelant Side: ZOHRA BI
V e r s u s
Opponent Side: MUHAMMAD SALEEM and others
Judge Name: Syed Manzoor Hussain Gilani and
Judgment Result:Appeals accepted.
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----s. 2--dissolution of marriage on the ground of khula--suit for dissolution of the marriage filed by appellants decreed by trial court but on appeal reversed by the shariat court--shariat court also passed decrees for restitution of conjugal right in favour of respondents--challenge to--validity--appellants alleged specifically in their respective plaints that due to crud treatment of husband, severe hatred has developed and they cannot live with them as their wives within the bounds of allah--in their statements before the trial court, they have also firmly reiterated the same--statemtns of witnesses also revealed that relations between the parties have not remained smooth--in view of unequivocal statement of the appellants that they cannot live with their husband at any cost and have developed severe hatred against them, they definitely cannot live within the limits ordained by the almighty god--appeals accepted and judgments and decrees of the shariat court set aside and decrees for dissolution of marriage passed in favour of appellants in circumstances.

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Citation Name: PLJ 2004 Peshawar High Court 237
Appelant Side: FARHANA BEGUM
V e r s u s
Opponent Side: HASHMAT ALI and 4 others
Judge Name: TALAAT QAYYUM QURESHI & MUHAMMAD QAIM JAN
Judgment Result:Writ petition dismissed
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s. 5--constitution of pakistan, 1973 ait. 199-suit for dissolution of marriage on the basis of cruelty-no prayer reading for khula-pro and contra evidence-family court granting decree on the basis of khula- contention that family court could not grant such decree-held : family court in absence of specific prayer for khula was competent to pass such decree if it was otherwise satisfied from record that parties could not live within the limits of god in any case-further held: family court is neither arbitrary nor perverse, hence does not call for interference by high court in exercise of constitutional jurisdiction-writ petition was dismissed.

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Citation Name: PLJ 2004 Peshawar High Court 251
Appelant Side: Mst. ASMA BIBI
V e r s u s
Opponent Side: MURAD ALI and 2 others
Judge Name: MALIK HAMID SAEED AND SHAH JEHAN KHAN
Judgment Result:Petition accepted.
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-art. 199-muslim family laws ordinance, 1961, s. 6-second marriage- held : husband had failed to prove that second marriage had been contracted by him with the consent of the previous wife-high court declared him liable to pay half of the dower to petitioner/wife-judgment . and decree of family court was restored.

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Citation Name: PLJ 2004 Peshawar High Court 251
Appelant Side: Mst. ASMA BIBI
V e r s u s
Opponent Side: MURAD ALI and 2 others
Judge Name: MALIK HAMID SAEED AND SHAH JEHAN KHAN
Judgment Result:Petition accepted.
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-s. 5-muslim family laws ordinance 1961, s. 6-.-dissolution of muslim marriages act, 1939 s. 2(ii-a)-second marriage without prior permission by existing wife-effect-held : if a husband took an additional wife in contravention of s. 6 of muslim family laws ordinance, 1961 the wife was entitled to obtain a decree for dissolution of marriage on that ground.

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Citation Name: PLJ 2004 Supreme Court 257
Appelant Side: MALIK GHULAM NABI JILANI
V e r s u s
Opponent Side: Mst. PIRZADA JAMILA and others
Judge Name: HAMID ALI MIRZA & FAQIR MUHAMMAD KHOKHAR
Judgment Result:Petition dismissed.
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--s. 5 & sched.-civil procedure code, 1908 (v of 1908), s. 11-principle of res-judicata with regard to plea of khula-applicability-principle of res- judicata with regard to plea of khula would not be applicable in case of dissolution of marriage-wife would be vested with fresh cause of action to approach family court in view of fresh circumstances and subsequent events which could take place between parties after withdrawal of previous suit.
Citation Name: PLJ 2004 Supreme Court 257
Appelant Side: MALIK GHULAM NABI JILANI
V e r s u s
Opponent Side: Mst. PIRZADA JAMILA and others
Judge Name: HAMID ALI MIRZA & FAQIR MUHAMMAD KHOKHAR
Judgment Result:Petition dismissed.
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-s. 5 & sched.-constitution of pakistan (1973), art. ibs-dissolution of marriage on plea of khula-family court. judge in chambers and division bench of high court were unanimous in holding on basis of evidence on record that wife was entitled to dissolution of marriage on plea of khula-no misreading or non-reading of evidence was pointed out by defendant-respondent wife who was present in court stated that she was not willing to reside with petitioner-plaintiff also stated that she had filed suit of her own free will in view of subsequent events which took place between her and petitioner which made her to file fresh suit against petitioner after withdrawal of her earlier suit-no substantial question of public importance of law being involved, leave to appeal was refused- petition for leave to appeal was also barred by time therefore, on that sale account the same was dismissed.

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Citation Name: PLJ 2004 Cr.C 89
Appelant Side: Mst. SAIMA and 4 others
V e r s u s
Opponent Side: STATE
Judge Name: TASSADUQ HUSSAIN JILANI
Judgment Result:Bail granted
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--s. 498-confirmation of pre-arrest bail-offence u/ss. 420, 468 & 470 and offence of zina (enforcement of hudood) ordinance (vii of 1979), s. 10- petitioners against whom case of zina has been registered were of the view that they were validly married which was performed by deacon of methodist church of pakistan-condition precedent for the offence alleged prima facie thus, does not exist-court was also conscious of protection given to marriage and institution of family under constitution of pakistan and u.n. convention $>n elimination of all forms of discrimination against women-prosecution launched against petitioner prima facie, reflects not only malice in fact but also malice in law-bail confirmed in the circumstances

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Citation Name: PLJ 2004 Cr.C 321
Appelant Side: MUHAMMAD NAWAZ
V e r s u s
Opponent Side: STATE
Judge Name: SH. ABDUL RASHID
Judgment Result:Bail allowed.
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--ss. 10/11-criminal procedure code, 1898 (v of 1898), s. 497-post arrest bail application-offence attributed to petitioner was abduction of complainant daughter and commission of zina with her-petitioner claimed to have divorced his first wife/elder sister of alleged abductee and had placed on record 'nikahnama' with her younger sister-even if prosecution case was admitted that first wife had not been divorced in accordance with law and first "nikah" was still subsisting, subsequent nikah with younger sister of first wife would only amount to irregular marriage and issues of such marriage would be legitimate-petitioner was thus, not committing zina with his second wife-second marriage of petitioner would become valid on divorcing first wife, whom he claims to have divorced-petitioner had thus, committed no offence-petitioner was, therefore, admitted to bail in sum of specified amount with one surety of like amount to satisfaction of trial court.

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Citation Name: PLJ 2004 Cr.C 648
Appelant Side: ZAMURRAD PERVAIZ and another
V e r s u s
Opponent Side: STATE
Judge Name: MAULVI ANWAR-UL-HAQ,
Judgment Result:Bail granted.
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-s. 497-offence of zina (enforcement of hudood) ordinance, 1979, s. 10(2)-bail prayer for-accused married without permission of existing wife-nikahnama was cancelled-f.i.r. lodged against accused-held: no nikah registrar has any lawful authority to cancel nikah-nikah once performed between parties can be dissolved either by husband by pronouncing divorce in manner prescribed or by.a competent court- existing wife had not consented to that marriage is concerned, that is not at all a subject matter of (enforcement of hudood ordinance, 1979- offence constituted under muslim family laws ordinance, 1961, which is not cognizable by police and it is only upon complainant of an existing wife or wives that a court can take cognizance and proceed matter-bail granted.

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Citation Name: PLJ 2004 Cr.C 944
Appelant Side: MUHAMMAD NAZIR
V e r s u s
Opponent Side: ANWAR ALI SHAH and another
Judge Name: C.H. IFTIKHAR HUSSAIN
Judgment Result:Petition dismissed.
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-s. 497(5)-offence of zina (enforcement of hadood) ordinance, 1979 (vii of 1979), ss. 10/11-cancellation of bail-question of existence of a valid nikah-two suits pending i.e. suit for restitution of conjugal rights from respondent and suit for dissolution of marriage against him by alleged abductee-proves the existence of nikah and that fact also goes deeply into route of criminal case against respondent-quite judicious approached by addl. sessions judge that case of further inquiry-petition dismissed.

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Citation Name: PLJ 2004 Cr.C 961
Appelant Side: MUHAMMAD ARSHAD
V e r s u s
Opponent Side: STATE and others
Judge Name: MUHAMMAD AKRAM BAITU,
Judgment Result:Bail accepted.
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--ss. 435 & 439--case was registered by direction of addl. sessions judge-question of-validity-suit for dissolution of marriage was pending-accused forcibly entered house and looted household articles on gun point-applicability-both parties were husband and wife-inquiry was also conducted by sho and found false and frivolous-held: petitioner had been condemned unheard which was against law-trial court was not justified-impugned order set aside and petition accepted.

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Citation Name: PLJ 2004 Lahore High Court 1477
Appelant Side: Sayed IMRAN HUSSAIN alias MASOOD HUSSAIN
V e r s u s
Opponent Side: Syed IBRAR HUSSAIN SHAH
Judge Name: MUHAMMAD MUZAMMAL KHAN
Judgment Result:Applications accepted.
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-s. 24--general power of transfer and withdraw-suits for custody of minors & dissolution of marriage filed by wife at "a"--husband sought decree for restitution of conjugal rights at "b"-application by wife for transfer of case from place 'b' to "a"-convenience of females and minors-principle of-law regarding transfer of cases is settled by this time whereunder convenience of females and minors is to be taken care of as compared to male, like respondent-keeping in view travel by female alongwith three minor children alone, transfer application and other transfer of both cases accepted for trial by judge family court at "a" where maintenance suit by petitioners is already pending.

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Citation Name: PLJ 2004 FSC 42
Appelant Side: TARIQ MASIH and another
V e r s u s
Opponent Side: STATE
Judge Name: SAEED-UR-REHMAN FARRUKH
Judgment Result:Appeal accepted
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-s. 10(2)-conviction and sentence of imprisonment imposed upon appellant for offence of adultery-appellant claimed during investigation and trial that he and his co-accused female had embraced islam and produced ample evidence in support of his such claim-two prosecution . witnesses did not positively assert that they had not embraced islam-faith being personal to any individual, if he/she openly professes to believe/follow a particular faith no further enquiry/evidence would be called for to verify correctness thereof-in islam, no rituals of specific nature are required to be undergone by a non-muslim before he is to be treated to have renounced his/her earlier faith and joined ranks of believers in islam-all that is necessary is declaration in that behalf and recitation of kalma, belief in one god, finality of prophethood of holy prophet (p.b.u.h) and holy quran-pre-requisites of embracing islam having been fulfilled by appellant and his co-accused, it had to be concluded that they were no longer christians by faith-co-accused female thus, no longer remained legally wedded wife of complainant, who continued to follow his original religion-marital relations between complainant and co-accused having been severed prepetually, co- accused was legally free to enter into marriage with appellant-apart from oral evidence, 'nikahnama' was on record to prove marriage between appellant and co-accused-no offence alleged against appellant and co-accused having been committed by them conviction and sentence awarded to them was set aside and they were directed to be released forthwith if not required in any other offence.

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Citation Name: PLJ 2004 FSC 96
Appelant Side: MUHAMMAD IQBAL and another
V e r s u s
Opponent Side: STATE
Judge Name: S.A. MANAN AND S.A. RABBANI
Judgment Result:Appeal accepted.
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-s. 10(3)--0ffence of zina bil ja&r-conviction and sentence-appeal against-appreciation of evidence-accused (f.m) was step father of victim, while complainant was cousin of the deceased real father of victim-civil litigation had been pending between complainant and mother of victim regarding her share in the property-victim had concealed her pregnancy for more than 6 months-complainant had been frequently visiting f ictim's house but no plausible explanation was on file for non-noticing of her pregnancy, for such a long time-complainant was not happy on the second marriage of victim's mother with the accused no. 1, after demise of her first husband-held : prosecution failed to prove its case beyond any reasonable doubt-appeal was accepted and accused were ordered to be released forthwith.

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Citation Name: PLJ 2004 FSC 109
Appelant Side: MUHAMMAD HAYAT and another
V e r s u s
Opponent Side: STATE
Judge Name: SAEED-UR-REHMAN FARRITKH
Judgment Result:Appeal accepted.
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-ss. 10(2) & 16~abduction and zina~offence of~conviction and sentence-appeal against-acquittal of-fir was lodged with delay of two years explanation for delayed fir stands false-main stay of prosecution case was so called decree of dismissal suit for dissolution of marriage allegedly filed by female accused against complainant but the same was not proved by any documentary evidence-on contrary defence had come up with plea that female accused entered in sharie nikah with male accused after getting khula--her version proved by documentary evidence available on record-held: trial court completely omitted to notice documentary proof of khula, hence impugned judgment is not sustainable in law.
Citation Name: PLJ 2004 FSC 115
Appelant Side: MUHAMMAD YOUNAS
V e r s u s
Opponent Side: STATE
Judge Name: DR. FlDA MUHAMMAD KHAN; S.A. MANAN AND ZAFAR PASHA CHAUDHRY
Judgment Result:Appeal dismissed.
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-ss. 10 & 11-abduction and murder of victim lady-statement of complainant-that main accused had developed illicit relations with deceased lady was supported by medical evidence whereby she had fetus of over seven months-evidence on record would indicate that appellant wanted to marry victim lady but she did not accede to his demand because of the fact that her elder sister was wife of appellant-father of victim lady could not accept that his elder daughter be divorced and younger one be given in marriage especially when he had smelled foul .play in between appellant and his deceased daughter-appellant being aggrieved on account of refusal by complainant and deceased chose to forcibly abducted victim lady from her house-factum of abduction by appellant was thus, fully established

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Citation Name: PLJ 2004 FSC 146
Appelant Side: AFZAL MASIH alias NOORI MASIH and another
V e r s u s
Opponent Side: STATE
Judge Name: ZAFAR PASHA CHAUDHRY
Judgment Result:Appeals accepted
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-ss. 10 & ib-conversion to islam-medico legal report conviction under s. 10(2) of offence of zzna-challenge to-both accused embraced islam without any external pressure, duress or instigation-no controversy in between the prosecution and defence that both the accused after accepting islamic faith and becoming muslim got married to each other in accordance with islamic law-they entered into nikah in accordance with the islamic injunction and the marriage had duly been registered under the provision of muslim family laws ordinance-the medico legal report or report of chemical examiner would not be any importance because both accused admit that they lived as husband and wife after getting themselves married-held : the only question which requires determination in that if two persons are married to each other under law and also in accordance with injunction of faith they were following, then performance of marital obligations by each of them would fall within the definition of zina as contained in offence of zina (enforcement of hadood) ordinance, 1979 and "if the offence does not fall within the definition as contained in the ordinance then they cannot be held guilty there-under and they cannot be convicted for the same.

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Citation Name: PLJ 2004 FSC 163
Appelant Side: ALLAH YAR and another
V e r s u s
Opponent Side: STATE
Judge Name: SAEED-UR-REHMAN FARRUKH
Judgment Result:Appeal accepted
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-s. 10(2)--pakistan penal code, 1860 (xlv of 1860), s. 494-conviction and sentence of imprisonment for offence of zina, assailed-no direct evidence was available on record in support of prosecution case-factum of marriage of complainant with female accused was not proved-ex-parte judgments rendered in civil litigation in favour of complainant, though carrying evidentiaiy value do not prove conclusively that complainant was married to female accused-witnesses of alleged nikahnama of complainant were with held and so also statement of female accused under s. 164 cr.p.c. wherein she denied her marriage with complainant-adverse presumption would, thus, arise that if those documents and witnesses were produced, they would not be supportive of prosecution case-report of expert dubbing alleged 'nikahnama' as forged had gone un-challenged, so much so, that no evidence of some other expert was produced--appeal accepted.

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Citation Name: PLJ 2004 Lahore High Court 26
Appelant Side: MRS. FAKHAR-UN-NISA KHOKHAR
V e r s u s
Opponent Side: SAIFULLAH and 3 others
Judge Name: MRS. FAKHAR-UN-NISA KHOKHAR
Judgment Result:Petition accepted.
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--s. 5 & sched.-constitution of pakistan (1973), art. 199-suit for jactitation of marriage-witnesses of nikah had admitted their signatures on nikahnama, which being sacred document carries evidentiary value-courts below were influenced by criminal case pending against petitioner and her husband-criminal prosecution cannot affect adjudication of civil matter-courts below have not applied their judicial mind rather discussed registered case against petitioner and they have failed to read evidence on record which was cogent and trustworthy-judgment and decree of court below was set aside and petitioner's suit for jactitation of marriage was decreed.

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Citation Name: PLJ 2004 Lahore High Court 183
Appelant Side: ZULFIQAR ALI
V e r s u s
Opponent Side: JUDGE FAMILY COURT
Judge Name: MIAN MUHAMMAD JAHANGIER
Judgment Result:Order accordingly.
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-s. 2(v)(c)-physical weakness of husband as a ground for dissolution of marriage taken by wife is not provided anywhere as a ground-physical weakness does not reflect impotency, therefore, ground of impotency as given in s. 2(v)(c) of the dissolution of muslim marriages act 1939, was not available to wife and marriage of spouses could not dissolved on such ground.

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Citation Name: PLJ 2004 Lahore High Court 183
Appelant Side: ZULFIQAR ALI
V e r s u s
Opponent Side: JUDGE FAMILY COURT
Judge Name: MIAN MUHAMMAD JAHANGIER
Judgment Result:Order accordingly.
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-s. 5 & sched.--dissolution of marriage on the ground of &/im/a-plaintiff in her plaint had although alleged cruelty and gave evidence to support such claim but she could not mention any specific habit of husband, or any incident in which he gave her physical or mental torture-mere fact that wife stated that she was not prepared at all to live with her husband would not be sufficient to dissolve marriage on the ground of khula therefore, in such case she is bound to bring on record some reasons for hatred developed in her mind-reason for hatred can however, be collected from pleadings of parties, evidence on record and attentive hearing of parties by the court itself during reconciliation proceedings.

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Citation Name: PLJ 2004 Lahore High Court 280
Appelant Side: Mst. BIBI SAID KHANNUM
V e r s u s
Opponent Side: MUHAMMAD SARWAR KHAN
Judge Name: MAULVI ANWARUL HAQ
Judgment Result:0
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-s. 12--civil procedure code (v of 1908), s. 115-evidentiary value of entries in 'nikahnama'-'nikahnama' is deemed to be a public document whereby in consideration of marriage respondent, had transferred land in question, to petitioner-fault in stating said term against column no. 20 instead of column no. 16 would be attributed not to any of the parties but to official who under the law was enjoined to fill up said document- even in column 20, word "mehr" is very much there-averment that entry in 'nikahnama' was fictitious stood negated in the very statement of respondent himself in witness box-judgments and decrees of courts below whereby plaintiffs suit was dismissed were set aside and plaintiffs suit was decreed.

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Citation Name: PLJ 2004 Lahore High Court 1080
Appelant Side: Mst. SHAHNAZ BEGUM
V e r s u s
Opponent Side: MUHAMMAD SHAFI and 3 others
Judge Name: MRS. FAKHAR-UN-NISA KHOKHAR
Judgment Result:Case remanded
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--s. 3--articles of dowry given by bridegroom at the time of marriage whether belongings of wife-articles of dowry, bridal gifts, presents or all other movable property would be belongings of bride--if husband deprives her, she has the right to recover all those articles even though the same were given in contradiction of provisions of s. 3 of dowry and bridal gifts (restriction) act 1976-wife can always recover articles of dowry and "wari" given to her by bridegroom or bridegroom side at the time of marriage.

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Citation Name: PLJ 2004 Lahore High Court 1224
Appelant Side: Mst. RAHIM BIBI alias RAHIM KHATOON and another
V e r s u s
Opponent Side: S.H.O. POLICE STATION SADDAR KEHROR DISTT., LODHRAN and 2 others
Judge Name: TASSADUQ HUSSAIN JiLANI
Judgment Result:Petition accepted.
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--s. 16 read with muhammadan law by d.f. mulla s. 268-c-presumption of marriage-in islamic law when a woman and man acknowledge their nikah, a presumption of truth is attached to it-marriage will he presumed, in absence of direct proof from, prolonged and continual cohabitation as husband and wife, the fact of acknowledgement by the man of the paternity of the child born to the woman, provided all the conditions of a valid acknowledgement are fulfilled fact of the acknowledgement by the man as the woman as his wife-fir quashed- petitioners are husband and wife-petition accepted.

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Citation Name: PLJ 2004 SC-AJ&K 68
Appelant Side: MUHAMMAD YOUNUS
V e r s u s
Opponent Side: SHAHNAZ BEGUM and others
Judge Name: MUHAMMAD YUNUS SURAKHVI
Judgment Result:Review dismissed.
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s. 14(5)-azad jammu and kashmir interim constitution act, 1974 (viii of 1974), s. 42-review of judgment of supreme court-plea of appellant- was that finding rendered by supreme court while refusing leave to appeal to petitioner, was likely to affect general public at large in as much as, women at large would be encouraged and would come forward frequently for seeking dissolution of their marriages-such plea was not warranted in that a woman who does not want to liye with her husband due to certain reasons, court was not vested with any power to compel her to live with her husband under all compulsions and all circumstances-no other point of substance having been point out, review petition was not maintainable
Citation Name: PLJ 2004 AJ&K Court 9
Appelant Side: Mst. SARWAR JAN
V e r s u s
Opponent Side: ABDUR REHMAN
Judge Name: SYED MANZOOR H. GILANI
Judgment Result:Appeal accepted.
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-dissolution of marriage on ground of 'khula'-plea of khula raised for the first time in appeal-effect-dissolution of marriage on ground of khula being pure question of law can be raised even before highest court of appeal-such plea does not require any evidence or proof, in as much as, statement of wife alone is determinative factor in case of khula-holy prophet (p.b.u.h.) had accepted bare statement of wife sufficient for khula without requiring her to lead proof in support of her contention.

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Citation Name: PLJ 2004 Sh.C-AJ&K 12
Appelant Side: ABDUL RASHEED
V e r s u s
Opponent Side: JAMILA BIBI and 4 others
Judge Name: IFTIKHAR HUSSAIN BUTT
Judgment Result:Appeal allowed
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s. 2--aj&k family courts act, 1993--suit for dissolution ef marriage on basis of non-payment of maintenance-family court decreed suit-assailed in appeal-aprpeciation of evidence-evidence on record showed that respondent no. i/wife had miserably failed to prove non-payment of maintenance allowance-both pws had anmity with appellant, so their statements could not be relied upon-appellant succeeded to rebut her version-respondent admitted in evidence that appellant was not present when respondent left house-such admission totally annihilated her version that respondent had been forcibly ousted by appellant after giving her will treatment-high court held that findings of lower court were not based on evidence so judgment and decree was set aside.

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Citation Name: PLJ 2004 Sh.C-AJ&K 18
Appelant Side: NASIR PERVAlZ
V e r s u s
Opponent Side: SHAZIA QAYYUM
Judge Name: IFTIKHAR HUSSAIN BUTT
Judgment Result:Order accordingly.
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-ss. 10 & 12-suit for dissolution of marriage on basis of "kliulu"--representation of respondent through agent-aj&k family courts act 1993, does not take away .right of a counsel or agent to appear and act for or on behalf of his client, therefore, bar cannot be created for a lady not to be represented through her duly authorized agent or counsel,

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Citation Name: PLJ 2004 Sh.C-AJ&K 18
Appelant Side: NASIR PERVAlZ
V e r s u s
Opponent Side: SHAZIA QAYYUM
Judge Name: IFTIKHAR HUSSAIN BUTT
Judgment Result:Order accordingly.
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preamble-civil procedure code (v of 1908), s. 11- khula being recurring cause of action could not be hit by principle of res-judicata-wife cannot be compelled to live with her husband even if he obtains decree for restitution of conjugal rights-wife on basis of fresh facts and circumstances can prefer suit for dissolution of marriage on basis of "khula" even though decree for restitution of conjugal rights was passed against her-dismissal of earlier suit on basis of "khula" would not debar wife to take up plea of "khula" in subsequent suit as plea of "khula" is a veciimng cause of action.

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Citation Name: PLJ 2004 Sh.C-AJ&K 18
Appelant Side: NASIR PERVAlZ
V e r s u s
Opponent Side: SHAZIA QAYYUM
Judge Name: IFTIKHAR HUSSAIN BUTT
Judgment Result:Order accordingly.
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schedule-appellants claim that he was entitled to return of specific articles and dower which he had given to respondent at time of 'nikah' was not decide by respondent-respondent was directed to return admitted articles and dower money in liew of khula-decree for dissolution of marriage on ground of khula was however, maintained.

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Citation Name: PLJ 2004 Sh.C-AJ&K 18
Appelant Side: NASIR PERVAlZ
V e r s u s
Opponent Side: SHAZIA QAYYUM
Judge Name: IFTIKHAR HUSSAIN BUTT
Judgment Result:Order accordingly.
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ss. 10 & 12-non-compliance of provisions of ss. 10 & 12 in a suit for dissolution of marriage-non-compliance of provisions of ss. 1.0 & 12 of aj&k family courts act 1993 do not justify to set aside decree for dissolution of marriage passed by family court, in as much as, non- compliance thereof, was mere irregularity and same would not vitiate proceedings of family court.

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