1987 PLP 2102 (SCMR)
QAMAR‑UD‑DIN‑‑Petitioner Versus S.H.O., POLICE STATION, SADDAR KASUR‑‑Respondent
| Citation | 1987 PLP 2102 (SCMR) |
| Forum / Court | High Court |
| Bench Members | Shafiur Rehman, Javid Iqbal and Saad Saood Jan, JJ |
| Parties | QAMAR‑UD‑DIN‑‑Petitioner Versus S.H.O., POLICE STATION, SADDAR KASUR‑‑Respondent |
| Primary Law | Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)‑‑ |
Q1: What are the key laws and sections cited in 1987 PLP 2102 (SCMR)?
This judgment primarily cites: Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)‑‑ as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1987 PLP 2102 (SCMR)?
The case was heard and decided by the High Court bench comprising: Shafiur Rehman, Javid Iqbal and Saad Saood Jan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 2102 (SCMR) (QAMAR‑UD‑DIN‑‑Petitioner Versus S.H.O., POLICE STATION, SADDAR KASUR‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ch. Azim‑ud‑Din, Advocate Supreme Court with Ch Mehdi Khan Mehtab, Advocate‑on‑Record for Petitioner.
- Nemo for Respondent.
- Date of hearing: 26th July, 1987.
Headnotes / Summary
(On appeal from the order of the Lahore High Court dated 11‑4‑1987 in W.P. No.1508 of 1987). ‑‑‑S. 10‑‑Constitution of Pakistan (1973), Arts: 185(3) & 199‑ Adultery‑‑Defence plea of valid marriage‑‑Effect of‑‑Petitioner, father of girl, seeking direction to local police for registration of case under section 10 of Ordinance (VII of 1979) alleging that his daughter who was married to R was living in adultery with S‑‑S taking plea of valid marriage in defence‑‑In earlier proceedings under habeas corpus by S, for removal of daughter from alleged illegal custody of petitioner when she had denied any earlier marriage with R and on her request, she was allowed to go with S‑‑Held, unless her Nikah with R was established in a Family Court, it would not be appropriate to give a direction to local police to register a case against S‑‑Petition dismissed in circumstances. Muhammad Azam v. Muhammad Iqbal P L D 1984 S C 95 rel.
Judgment & Decree
SAAD SAOOD JAN, J.‑‑The petitioner is the father of Mst. Anwar Bibi who is admittedly a major. On 28‑10‑1986 she married one Sohrab Khan. The petitioner alleges that on 28‑10‑1986 she was married to one Muhammad Rashid and as such her subsequent nikah with Sohrab Khan was void. He further alleges that she is at present living with Sohrab Khan in adultery.
2. The petitioner moved the High Court for the issuance of a direction to the local police for the registration of a case under the Offence of Zina (Enforcement of Hadood) Ordinance, 1979 against Sohrab Khan, but his petition was dismissed. He now seeks leave to appeal from the order of the High Court.
3. It appears that Sohrab Khan had earlier applied to the High Court for the issuance of writ of habeas corpus for the release of Mst. Anwar Bibi from the allegedly illegal custody of the petitioner. During the hearing of the petition she appeared in Court and denied that she was married to Muhammad Rashid; on the other hand .she stated that she was married to Sohrab Khan. On her request she was allowed to go with Sohrab Khan.
4. It will be noticed that the allegation of the petitioner that his daughter is living in adultery with Sohrab Khan is based on the premises that she was married to Muhammad Rashid prior to her nikah with Sohrab Khan. Mst. Anwar Bibi disputed that she was even married to Muhammad Rashid. That being so, the rule laid down in the case of Muhammad Azam v. Muhammad Iqbal P L D 1984 S.C. 95 is attracted to this case. Unless her nikah with Muhammad Rashid is established in a Family Court it will not be appropriate to give a direction to the local police to register a case against Sohrab Khan. This petition is accordingly dismissed. M.I./Q‑10/S Petition dismissed