| Case ID |
16d423f2-e90a-4e5c-8c59-c201f0f9a42e |
| Body |
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| Case Number |
Writ Petition No. 27698 of 2013 |
| Decision Date |
Nov 19, 2013 |
| Hearing Date |
|
| Decision |
The Lahore High Court allowed the petition filed by Majid Khan, setting aside the order of the learned Sessions Judge, Kasur, which permitted Nadia Aslam to record a second statement under section 164 of the Criminal Procedure Code. The High Court determined that Nadia Aslam had previously admitted her marriage to Majid Khan and could not change her stance to further entangle him in litigation. The case highlighted the importance of a person's voluntary statement and the implications of their legal admissions in marriage dissolution proceedings. |
| Summary |
This case revolves around the complexities of marital rights and the legal implications of statements made under the Criminal Procedure Code. The petitioner, Majid Khan, was involved in a criminal case concerning the alleged abduction of Nadia Aslam. After being recovered, Nadia made a statement affirming her marriage to Majid, which contradicted the prosecution's claims. The legal debate centered on whether Nadia could submit a second statement under section 164 of the Cr.P.C. The Lahore High Court emphasized that a person cannot retract from earlier admissions made in legal proceedings unless substantial evidence of coercion is presented. This case is significant as it deals with the intersection of criminal law and family law, particularly regarding the rights of individuals in marriage and the integrity of their statements in legal contexts. Key terms include 'marital rights,' 'Criminal Procedure Code,' and 'voluntary statements,' which are trending in legal discourse. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
MISS AALIA NEELUM, J
|
| Lawyers |
Ch. Muhammad Din Ansari,
Ashfaq Ahmad Kharal,
Ali Akbar,
Muhammad Rafique,
Basharat Ali Janjua
|
| Petitioners |
Majid Khan
|
| Respondents |
SESSIONS JUDGE, KASUR,
Nadia Aslam
|
| Citations |
2014 SLD 2447 = 2014 PCRLJ 903
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Constitution of Pakistan
|
| Sections |
164,
199
|