P L D 2004 Lahore 365 (PLP)
MUHAMMAD NAWAZ — Petitioner Versus THE STATE — Respondent
| Citation | P L D 2004 Lahore 365 (PLP) |
| Forum / Court | High Court |
| Bench Members | N/A |
| Parties | MUHAMMAD NAWAZ — Petitioner Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in P L D 2004 Lahore 365 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case P L D 2004 Lahore 365 (PLP)?
The case was heard and decided by the High Court bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: P L D 2004 Lahore 365 (PLP) (MUHAMMAD NAWAZ — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Mian Muhammad Arif for Petitioner.
Headnotes / Summary
S. 497
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10/11
Accused had allegedly married the younger sister of his wife without having divorced her and thus was committing Zina with her younger sister--Marriage of the accused with the sister of his wife under the Muhammadan Law was not void but was irregular and the issues of such marriage would be legitimate
Accused, therefore, could not be held to be committing Zina with his second wife
Second marriage of the accused would become valid on his divorcing the first wife whom he had already claimed to have divorced-- Accused seemed to have committed no offence
Judgment & Decree
(3) An irregular marriage is one which is not unlawful in itself, but unlawful "for something else", as where the prohibition is temporary or relative, or when the irregularity arises from an accidental circumstance, such as the absence of witnesses. Thus, the following marriages are irregular, namely
(a) a marriage contracted without witnesses. (S.244), (b) a marriage with a fifth wife by a person having four wives (S.255); (c) a marriage with a woman undergoing Iddat (S.247); (d) a marriage prohibited by reason of difference of religion (S.249); (e) a marriage with a woman so related to the wife that if one of them had been a male they could not have lawfully intermarried (S.253)."
7. The case of the petitioner for having married the younger sister of his first wife falls within the purview of section 253(3)(e). The effects of an irregular marriage have been laid down in section 756 which stimulates as under:-- (1) An irregular marriage may be terminated by either party, either before or after consummation, by words showing an intention to separate, as where either party says to the other "I have relinquished you" (d). An irregular consummation. (2) If consummation has taken place-- (i) the wife is entitled to dower, proper or specified, whichever is less (Ss.276, 279); (ii) she is bound to observe the Iddat, but the duration of Iddat both on divorce and death is three courses (S.246(2); But an irregular marriage, though consummated, does not create mutual rights of inheritance between husband and wife (Baillie, pp.694, 701). It has been held that it does-create such rights, (b) but the decision, it is submitted, is not correct."
8. The above two sections thus lay down that the marriage of the petitioner with Mst. Shamim is not void, but is irregular and the issues of this marriage would be legitimate. Therefore, it cannot be held that the petitioner is committing Zina with his second wife. The second marriage of he petitioner will become valid on his divorcing the first wife, whom he claims to have divorced. Therefore, the petitioner seems to have committed no offence.
9. In view of this circumstance, the petitioner is admitted to bail in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned trial Court. N.H.Q./M-2482/L Bail granted.