| Case ID |
2e7d290b-fc81-4bd7-a70b-dcf379f936a0 |
| Body |
View case body. Login to View |
| Case Number |
Criminal Petition No..26-R(S) of 1984 |
| Decision Date |
Oct 30, 1984 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to the accused persons, allowing for the consideration of the effect of a pending civil suit on their criminal prosecution. The court found that the legitimacy of children born from the second marriage and the relationship between the parties involved warranted further examination. The petitioners' conviction under section 494 of the Pakistan Penal Code and section 10(2) of the Offence of Zina (Enforcement of Hudood) Ordinance was not upheld, as the civil litigation's outcome could significantly impact the criminal case. |
| Summary |
This case revolves around the complexities of marital relationships and their implications on criminal law. The petitioners, claiming to be husband and wife, sought leave to appeal against a conviction related to bigamy under section 494 of the Pakistan Penal Code. The Supreme Court of Pakistan highlighted the importance of resolving the pending civil suit concerning the legitimacy of their marriage and the status of their divorce before proceeding with criminal charges. The court emphasized the need to avoid potential conflicts in legal decisions that could affect families and children involved, making this case a significant reference point for future cases dealing with marriage, divorce, and criminal prosecution in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
JUSTICE MUHAMMAD AFZAL ZULLAH,
JUSTICE SHAFIUR REHMAN,
JUSTICE PIR MUHAMMAD KARAM SHAH
|
| Lawyers |
learned counsel for the petitioners
|
| Petitioners |
others,
Mst. BASHIRAN
|
| Respondents |
others,
MUHAMMAD HUSSAIN
|
| Citations |
1985 SLD 383,
1985 SCMR 123
|
| Other Citations |
Ghulam Azam's case P L D 1984 S C 95
|
| Laws Involved |
Constitution of Pakistan, 1973,
Pakistan Penal Code, 1860,
Offence of Zina (Enforcement of Hudood) Ordinance, 1979
|
| Sections |
203-F,
494,
10(2)
|