| Case ID |
035cb702-a83c-4342-8ebf-c5dd80f77b44 |
| Body |
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| Case Number |
Criminal Petition No. 2 R(S) of 1983 |
| Decision Date |
Apr 09, 1983 |
| Hearing Date |
|
| Decision |
The Supreme Court ruled that there was no commission of an offence in the marriage contracted by the lady, Mst. Kishwar Sultana, on 11th April 1980, as the original decree of dissolution of marriage was suspended by the High Court. The court emphasized that the service of notice had not been adequately established, and the marriage took place after the legally mandated period following the dissolution. The court maintained that the prior marriage had been restored following the dismissal of the appeal, and thus the second marriage was valid under the law. Consequently, leave to appeal was refused. |
| Summary |
This case revolves around the legal implications of a marriage contracted during the suspension of a divorce decree. The petitioner, DR. AKHLAQUE AHMED, challenged the marriage of his former wife, Mst. Kishwar Sultana, to another man, arguing that the marriage was invalid due to the unresolved status of their own marriage. The Supreme Court of Pakistan held that proper notice was not established, and the marriage was legally valid after the statutory waiting period post-divorce decree. This case highlights the complexities of family law, particularly concerning the enforcement of marriage decrees and the rights of individuals under the Offence of Zina (Enforcement of Hudood) Ordinance. It is essential for legal representatives to understand the nuances of family law and the importance of proper notification in divorce proceedings to avoid potential legal disputes. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
MUHAMMAD AFZAL ZULLAH,
NASIM HASAN SHAH,
SHAFIUR RAHMAN,
MUHAMMAD TAQI USMANI
|
| Lawyers |
S. A. Saeed, Advocate Supreme Court,
Sh. Salah-ud-Din, Advocate on-Record,
Shuja-ud-Din Qureshi, Advocate Supreme Court
|
| Petitioners |
DR. AKHLAQUE AHMED
|
| Respondents |
THE STATE,
Respondent No. 2,
Mst. Kishwar Sultana
|
| Citations |
1983 SLD 195,
1983 SCMR 976
|
| Other Citations |
Not available
|
| Laws Involved |
Offence of Zina (Enforcement of Hudood) Ordinance,
Constitution of Pakistan
|
| Sections |
10,
185(3)
|