2002 ML D 795 (PLP)
Mst. AROOJ FATIMA — Petitioner Versus S.H.O., POLICE STATION, KOTWALI, BAHAWALPUR
| Citation | 2002 ML D 795 (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Mst. AROOJ FATIMA — Petitioner Versus S.H.O., POLICE STATION, KOTWALI, BAHAWALPUR |
Q1: What are the key laws and sections cited in 2002 ML D 795 (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 ML D 795 (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 ML D 795 (PLP) (Mst. AROOJ FATIMA — Petitioner Versus S.H.O., POLICE STATION, KOTWALI, BAHAWALPUR). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Representation
- Ch. Abdul Ghaffar Bhutto for Petitioner.
- Learned counsel, for petitioner contends that the petitioner who is sui juris has contracted marriage with her free-will under the Islamic Law with Muhammad Asghar. In order to prove this contention he has placed a copy of the duly registered Nikahnama on the file which shows that the Nikah was solemnized on 12-6-2001. '
Headnotes / Summary
S. 11
Constitution of Pakistan (1973), Art.109
Constitutional petition
Quashing of F.I.R.
Complainant who was father of the petitioner had alleged in F.I:R: that petitioner had already contracted marriage with another person named M
Said other person had denied the factum of his marriage with the petitioner
Petitioner claimed that she had contracted marriage with her free-will under Islamic Law with person named A and in proof of said marriage she-had placed copy of duly registered Nikahnama on record
Father of the petitioner had himself admitted correctness of the Nikahnama
No offence having been made out and F.I.R. having been registered against petitioner with a mala fide intention, same was ordered to be quashed.
Judgment & Decree
Writ Petition No.3668-Q of 2001/BWP, decided on 7th November, 2001.
S. 11
Constitution of Pakistan (1973), Art.109
Constitutional petition
Quashing of F.I.R.
Complainant who was father of the petitioner had alleged in F.I:R: that petitioner had already contracted marriage with another person named M
Said other person had denied the factum of his marriage with the petitioner
Petitioner claimed that she had contracted marriage with her free-will under Islamic Law with person named A and in proof of said marriage she-had placed copy of duly registered Nikahnama on record
Father of the petitioner had himself admitted correctness of the Nikahnama
No offence having been made out and F.I.R. having been registered against petitioner with a mala fide intention, same was ordered to be quashed. Ch. Abdul Ghaffar Bhutto for Petitioner. M. Bashir, A.A.-G. for the State (on Court's call). Learned counsel, for petitioner contends that the petitioner who is sui juris has contracted marriage with her free-will under the Islamic Law with Muhammad Asghar. In order to prove this contention he has placed a copy of the duly registered Nikahnama on the file which shows that the Nikah was solemnized on 12-6-2001. '
2. On the other hand, Muhammad Latif respondent No.2 father of the petitioner lodged a complaint under section 11, Offence of Zina (Enforcement of- Hudood) Ordinance, 1979 F.I.R. No.200 of 2001 on 6-7-2001 on the contention that the petitioner, had already contracted marriage with Muhammad Mukhtiar. The learned counsel further states that the petitioner filed a suit for Jactitation of Marriage against the said Muhammad Mukhtiar who had made a statement in the Court denying the factum of his marriage with the petitioner on 29-2-2001. He further submits that the complainant in F.I.R. No :200 of 2001 himself admitted the correctness of the Nikah Nama of the petitioner with Muhammad Asghar. In this view of the matter, no offence has been made out and the F.I.R. No.200 of 2001 was registered with mala fide intention. Resultantly, this writ petition succeeds and the F.I.R. No.200 of 2001 is quashed. H.B.T./A-431/L F.I.R. quashed.