| Case ID |
2583e8a1-9099-4bb7-a2db-9d98e4ec0f22 |
| Body |
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| Case Number |
Criminal Petition No. 13-R(S) of 1985 |
| Decision Date |
May 13, 1985 |
| Hearing Date |
|
| Decision |
The Supreme Court of Pakistan dismissed the petition for leave to appeal against the acquittal of Zafar Sultan and Mst. Ghulam Ayesha. The court found that the prosecution failed to establish a valid marriage (Nikah) between Noor Hassan and Mst. Ghulam Ayesha beyond a reasonable doubt. Since Mst. Ghulam Ayesha was a major and could enter into a marriage with Zafar Sultan, their living together as husband and wife did not constitute an offense under the Ordinance. The court affirmed that reopening the case would not be conducive to justice or society. Therefore, the petition was dismissed. |
| Summary |
In the case of Noor Hassan vs. The State, the Supreme Court of Pakistan addressed significant issues regarding the validity of marriage under Islamic law, the definitions of Zina, and the implications of consent in marriage. The case centered around Noor Hassan's allegations against Zafar Sultan and Mst. Ghulam Ayesha, claiming his legal marriage to Ayesha was not recognized. The court's decision emphasized the need for evidence in establishing marital claims, highlighting the complexities of personal law and societal norms. This case is pivotal for understanding legal interpretations of marriage and consent in Pakistan's judicial context. Keywords: Zina, marriage validity, Islamic law, consent, personal law, Supreme Court of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JUSTICE MUHAMMAD AFZAL ZULLAH,
JUSTICE NASIM HASAN SHAH,
JUSTICE SHAFIUR RAHMAN,
JUSTICE PIR MUHAMMAD KARAM SHAH
|
| Lawyers |
Mr. Hassan Ahmed Kanwar
|
| Petitioners |
NOOR HASSAN
|
| Respondents |
THE STATE,
ZAFAR SULTAN,
MST. GHULAM AYESHA
|
| Citations |
1985 SLD 815,
1985 SCMR 1473
|
| Other Citations |
Not available
|
| Laws Involved |
Constitution of Pakistan, (1973),
Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)
|
| Sections |
203-F,
10(2),
16
|