| Case ID |
2cb8cbd5-3530-4eb8-a98c-184b2aea4ce4 |
| Body |
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| Case Number |
Crl. Misc. No. 214/B of 2004 |
| Decision Date |
Mar 03, 2004 |
| Hearing Date |
Mar 03, 2004 |
| Decision |
The court granted bail to the petitioners, stating that the cancellation of the Nikah by the Nikah Registrar was unlawful. It was emphasized that once a Nikah is performed, it can only be dissolved through a divorce pronounced by the husband or by a competent Family Court upon the wife's application. The court noted that the existing wife's consent was not relevant under the Enforcement of Hudood Ordinance as it pertains to offenses under the Muslim Family Laws Ordinance, which are not cognizable by police unless a complaint is filed by the existing wife. The bail was granted subject to the petitioners furnishing bonds in the sum of Rs. 30,000 each with one surety. |
| Summary |
In the case at hand, the Lahore High Court addressed the issue of bail concerning a marriage that was allegedly performed without the permission of an existing wife. The petitioners, Zamurrad Pervaiz and another, were accused under the Offence of Zina (Enforcement of Hudood) Ordinance due to a marriage conducted without consent, leading to the cancellation of the Nikah by the Registrar. The court ruled that the Nikah Registrar has no authority to cancel a Nikah once performed. Instead, the proper channels for dissolution involve either a divorce by the husband or a court order. The court highlighted that the existing wife's consent is not a matter under the Hudood Ordinance but falls under the jurisdiction of the Muslim Family Laws Ordinance, which requires a formal complaint for any legal action. The decision to grant bail was based on these legal principles, allowing the petitioners to continue their lives without the immediate threat of incarceration, emphasizing the importance of lawful marriage practices and the protection of personal rights within family law. |
| Court |
Lahore High Court, Rawalpindi Bench
|
| Entities Involved |
|
| Judges |
MAULVI ANWAR-UL-HAQ
|
| Lawyers |
Syed Zulfiqar Abbas Naqvi,
Ch. Riaz Hussain
|
| Petitioners |
,
ZAMURRAD PERVAIZ
|
| Respondents |
STATE
|
| Citations |
2004 SLD 3963 = 2004 PLJ 648
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Offence of Zina (Enforcement of Hudood) Ordinance, 1979
|
| Sections |
497,
10(2)
|