1995 P Cr (PLP)

Muhammad Shahbaz Ahmad v. Sher Muhammad and another 1987 CLC 1496; Princess Aiysha Yasmien Abbasi v. Maqbool Hussain Qureshi and 2 others PLD 1979 Lah. 241 and Muhammad Nawaz v. Mst. Faiz Elahi and 2 others PLD 1978 Lah. 328 ref. Muhammad Aslam Khan Buttar for Petitioners. Ch. Abdur Razzaq Kamboh for Respondents Nos.3 and

4. The three petitioners filed this writ petition for the quashment of case F.I.R. No.153/94 under section 10/16 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 registered at Police Station Sadar Renala Khurd, District Okra. The brief facts of the case are that Mst. Parveen Akhtar was married to Muhammad Arshad, respondent No.4. They could not pull on and Muhammad Arshad divorced Mst. Parveen Akhtar through a "Talaqnama" executed by him on 16-4-1994. Muhammad Arshad alias Arshad Ali stated in the "Talaqnama", Annexure "A", that due to the differences, they were unable to pull on as husband and wife and through the intervention of the respectables they have agreed to separate arid they have settled their accounts and nothing was due. This "Talaqnama" was attested by two witnesses. According to the statement of the petitioner, copy of the "Talaqnama" was sent to the Chairman, Union Council for registration.

2. Thereafter, Mst. Parveen Akhtar contracted Nikah with Abdul Hameed, petitioner No.3, on 21-9-1994. The Nikah was duly registered and since then both of them are living as husband and wife. The father was not satisfied with the marriage and on his statement the abovementioned criminal case was registered. He alleged in the F.I.R. that on 19-6-1994, Mst. Parveen Akhtar was abducted forcibly by Abdul Hameed and Abdur Rashid. The three petitioners challenged the registration of case in this Court on the ground that the allegations contained in the F.I.R. were false, baseless and concocted.

3. Learned counsel for the petitioners submitted that the marriage of the parties was dissolved by way of Mubaraat. Once this "Talaq" was signed, it became immediately operative and the husband had no right to withdraw the "Talaq". The Chairman,' Union Council, was bound to register the "Talaq" under section 8 of the Muslim Family Laws Ordinance; 1961 and the provision's of section 7 of the Ordinance were not applicable. He has relied upon Muhammad Shahbaz Ahmad v. Sher Muhammad and another 1987 CLC 1496, Princess Aiysha Yasmien Abbasi v. Maqbool Hussain Qureshi and 2 others PLD 1979 Lah. 241 and Muhammad Nawaz v. Mst. Faiz Elahi and 2 others PLD 1978 Lah. 328.

4. Learned counsel for the respondents pleaded that Arshad Ali could withdraw the right of "Talaq" but the learned counsel has not been able to support his contention by any authority.

5. The Investigating Officer is present in Court who after the conclusion of his investigation, has placed on record his report stating therein that Mst. Parveen Akhtar has contracted Nikah with Abdul Hameed, therefore, the accused named in the F.I.R. have committed no offence.

6. I agree with the arguments of the learned counsel that if the spouses decide to separate with mutual consent and a document in the shape of Talaq is prepared and is signed by the husband, it became final for all intents and purposes. The husband thereafter cannot withdraw the Talaq and the Chairman, Union Council is bound to register the same under section 8 of the Ordinance.

7. In view of what has been stated above, as the police has already reported that the case having been found without foundation and there was no substance and that the same was being cancelled, therefore, this writ petition has borne fruit and is disposed of accordingly. N.H.Q./A-780/L Order accordingly.