1989 MLD 4152 (PLP)

Muhammad Azam v. Muhammad Iqbal PLD 1984 SC 95 ref. Ch. Mushtaq Ahmed Khan for Petitioners. Abdul Qayyum for the State. This petition, filed by Zahid Majid and Qadeer who are real brothers, has arisen out of a case FIR No. 113, dated 6‑3‑1989. It was registered on the complaint of Abdur Rauf, father of Mst. Rehana Begum, girl in the case. The prosecution case briefly is that the accused persons Khair Din, Zahid Majid and Qadeer had taken away Mst. Rehana Begum from the house of Abdur Rauf for the purpose of Nikah with Zahid Majid. It was said that Mst. Rehana Begum had already been married to one Zaheeruddin Babar on 12‑12‑1988.

2. The petitioners' case is that Mst. Rehana Begum has attained the age of puberty, that she had of her own free will married Zahid Majid on 4‑3‑1989 and the marriage was duly registered; that she appeared before Magistrate on 12‑3‑1989 and stated that she was the wife of Zahid Majid and had married him of her own accord. It is further stated that on coming to know that she was being given out as the wife of Zaheeruddin Bahar, she had instituted a suit for jactitation of her marriage in the Family Court on 7‑3‑1989 and that that suit is pending.

3. It appears that Mst. Rehana Begum was also arrested as an accused but when the police produced her before the Illaqa Magistrate for remand, the Magistrate discharged her.

4. As to Mst. Rehana Begum's marriage with Zaheeruddin Babar, my attention has been called to two documents; the first is Annexure `C' which shows that on account of the alleged marriage of Mst. Rehana Begum with Zaheeruddin Babar, the Nikah Registrar Maulvi Hakim Din has been suspended and the sencod is the register of marriages maintained by Maulvi Hakim Din. This shows that the Nikah of Zaheeruddin Babar with Mst. Rehana Begum was entered at serial No. 53 on 28‑3‑1989 but marriages which had taken place much later were entered in that register at earlier serial numbers. For instance, at serial No. 48 is entered a marriage which took place on 25‑3‑1988 and it was entered in the marriage register on 4‑5‑1988 and at serial No. 49 is entered a marriage which took place on 29‑3‑1988 and it was also entered in the marriage register on 4‑5‑1988. Be that as it may, in view of Mst. Rehana Begum's statement under section 164 Cr.P.C. admitting her marriage with Zahid Majid, petitioner, it is obviously not a case of abduction and the only question, therefore, is whether Mst. Rehana Begum and Zahid Majid were free to marry at the date of their marriage viz. 4‑3‑1989. The question of the validity of marriage is pending decision in the Family Court and it was held in Muhammad Azam v. Muhammad Iqbal (PLD 1984 S.C. 95, 145) that it is in such circumstances in the interest of Justice and fairness to stay the criminal proceedings till the decision of the question by the Family Court, for the decision of the Family Court in such matters has a binding effect. I, therefore, allow the petitioners to be released on bail on their furnishing bonds in the sum of Rs. 10,000 with one surety each in the like amount to the satisfaction of A.C/Duty Magistrate concerned. SA./Z‑109/L Bail allowed.