| Case ID |
04024ee8-b576-4a1f-a179-1debf84f1463 |
| Body |
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| Case Number |
Criminal Shariat Petition No.2 of 2008 |
| Decision Date |
Mar 31, 2009 |
| Hearing Date |
|
| Decision |
The Supreme Court dismissed the petitioner's request to appeal against the Federal Shariat Court's judgment. The Court found that the allegations made by the petitioner against the respondent, regarding adultery and the legitimacy of her children, constituted offenses under sections 6 and 7 of the Offence of Qazf Ordinance, 1979. The Court ruled that the relationship of husband and wife had ended with the divorce, and therefore, the provisions of section 14 of the Ordinance were not applicable. The case was remanded with directions to frame charges accordingly. |
| Summary |
In the landmark case of Haji Bakhtawar Said Muhammad vs. Mst. Dur-e-Shahwar Begum, the Supreme Court of Pakistan addressed critical issues surrounding the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 and the implications of false allegations of adultery. The petitioner, Haji Bakhtawar, accused his ex-wife of having illegitimate children and claimed damages based on her alleged bad character. The case highlighted the legal standards required to substantiate claims of Qazf and the protections afforded to individuals against defamatory accusations. The ruling emphasized that once the marital relationship is dissolved, the legal framework governing accusations must adapt to reflect the changed status. The Court ultimately upheld the Federal Shariat Court's decision, focusing on the importance of due process and the evidentiary requirements in such sensitive matters. This case serves as an important precedent in family law and the interpretation of slanderous claims under Islamic law, making it a vital reference for future legal interpretations and disputes regarding marital fidelity and the legitimacy of children. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JUSTICE M. JAVED BUTTAR,
JUSTICE ZIA PERVEZ,
JUSTICE MUHAMMAD FARRUKH MAHMUD,
JUSTICE DR. ALLAMA KHALID MEHMOOD,
JUSTICE ALLAMA RASHID AHMED, JULLUNDHARI
|
| Lawyers |
Sh. Zamir Hussain, Senior Advocate Supreme Court for Petitioner,
Zulfiqar Khalid Malooka, Advocate Supreme Court for Respondent No.1,
Mian Asif Mumtaz, D.P.-G., Punjab, for the State
|
| Petitioners |
Haji BAKHTAWAR SAID MUHAMMAD
|
| Respondents |
others,
Mst. DUR-ESHAHWAR BEGUM
|
| Citations |
2010 SLD 2713,
2010 SCMR 681
|
| Other Citations |
Not available
|
| Laws Involved |
Offence of Qazf (Enforcement of Hadd) Ordinance, 1979,
Constitution of Pakistan (1973)
|
| Sections |
6,
7,
14,
203-F(2B)
|