| Case ID |
2becab36-2024-4efc-95a4-00c954bcf1d9 |
| Body |
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| Case Number |
Writ Petition No. 5724/Q of 2009 |
| Decision Date |
Apr 09, 2009 |
| Hearing Date |
|
| Decision |
The Lahore High Court accepted the constitutional petition and quashed the F.I.R. No.564/2008 dated 9-10-2008 registered under section 365-B P.P.C. at Police Station Saddar, District Bhakkar. The court determined that the star prosecution witness, Mst. Zarina Mai, categorically stated that she was not abducted and had contracted marriage with respondent Sardar Khan of her own free will. The contents of the Nikahnama were admitted by both parties, thus invalidating the prosecution's claims. The court emphasized that the marriage of an adult girl does not require permission from a Wali and upheld that the validity of the Nikahnama cannot be challenged when admitted by the husband and wife. This decision reinforces the legal principles surrounding marriage under Islamic law and the rights of adult individuals to enter into matrimonial contracts. |
| Summary |
In the case of Writ Petition No. 5724/Q of 2009, the Lahore High Court addressed a constitutional petition seeking the quashment of an F.I.R. related to alleged abduction and Zina under section 365-B of the Pakistan Penal Code. The petitioner, Zarjuma alias Jamna Bibi, argued that the allegations were false and that the alleged abductee, Mst. Zarina Mai, had willingly married Sardar Khan. The court's judgement emphasized the importance of a woman's autonomy in marriage, particularly under Muhammadan law, where an adult woman's consent is paramount. The court found that the prosecution's case was baseless and that the Nikahnama's validity could not be challenged once admitted by the involved parties. This case is a significant reference point for future cases regarding marriage consent and the legal standing of Nikah in Pakistan. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
IQBAL HAMEED-UR-REHMAN, J
|
| Lawyers |
Ch. Imran Raza Chaudhry for Petitioner,
Sarfraz Ahmad Khan Asstt. A.G. for Respondent
|
| Petitioners |
ZARJUMA alias JAMNA BIBI
|
| Respondents |
4 others,
STATION HOUSE OFFICER, POLICE STATION SADDAR DISTRICT BHAKKAR
|
| Citations |
2009 SLD 309 = 2009 PLD 546
|
| Other Citations |
Mst. Hajra Khatoon and another v. Station House Officer, Police Station Fateh Jang, District Attock and 2 others PLD 2005 Lah. 316,
Dr. Ghulam Mustafa Solangi and 5 others v. The State 2005 PCr.LJ 1638,
Muhammad Imtiaz and another v. The State PLD 1981 FSC 308,
Hafiz Abdul Waheed v. Mrs. Asma Jahangir and another PLD 2004 SC 219
|
| Laws Involved |
Pakistan Penal Code, 1860,
Muhammadan Law,
Criminal Procedure Code (V of 1898)
|
| Sections |
365B,
251,
161,
164
|