CASE LAWS ON DISSOLUTION OF
MARRIAGE
Citation Name : 2009 SCMR 857 SUPREME-COURT
Side Appellant : MAHMOOD HUSSAIN LARIK
Side Opponent : MUSLIM COMMERCIAL BANK LIMITED
Art. 185(2)(d)(e) &
(3)---Appeal to Supreme Court---Maintainability---No value could be given to the
subject-matter of the appeals involving labour disputes, service cases, cases
arising from the rent jurisdiction or family disputes where the main prayer was
of restoration in service, eviction of the tenant on various grounds or
dissolution of marriage /custody of minors respectively, although it may be
that granting or refusing of the main prayer may result in some monetary
benefit to any party to the dispute before the court of first instance and in
an appeal---No direct appeal as of right could be filed in said matters as the
first pre-condition could not be quantified---Appeal would be to the Supreme
Court as of right if the matter was covered under Art.185(2)(d) & (e) of
the Constitution and if the matter was not so covered then leave to appeal had
to be sought from Supreme Court in terms of Art.185(3) of the
Constitution---Principles.
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Citation Name : 2009 YLR 1139 PESHAWAR-HIGH-COURT-NWFP
Side Appellant : MUHAMMAD FAISAL KHAN
Side Opponent : Mst. YUSRA ABID
S. S, Sched. & S.14---Constitution
of Pakistan (1973), Art.199---Suit for dissolution of marriage , recovery of
dower amount, past and future maintenance amount and recovery of dowry
articles--Suit filed by the plaintiff having been decreed by the Family Court,
defendant had challenged same in constitutional petition--Family Court, after
taking pains and giving due weight to all the essential aspects of the case,
decreed the suit of the plaintiff, allowing dower amount and maintenance
allowance along with dowry articles etc.---Such findings of the Family Court
having been given after thorough sifting the evidence on record, could not be
said to be unwarranted in the eye of law---Keeping in view the decretal amount,
defendant was required to avail his remedy before the Appellate Court by way of
appeal---Having not availed the remedy of appeal under S.14 of the West
Pakistan Family Courts Act, 1964, impugned judgment and decree of the Trial
Court, which was free from any jurisdictional error, was not open to any
interference in the exercise of extraordinary equitable discretionary
constitutional jurisdiction of High Court.
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Citation Name : 2009 MLD 419 PESHAWAR-HIGH-COURT-NWFP
Side Appellant : Mst. NAGINA BIBI
Side Opponent : MUKHTAR HUSSAIN
Ss. 5, Sched, &
14---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit
for recovery of dower amount, maintenance and dissolution of marriage
---Plaintiff filed suit for recovery of dower amount, maintenance and
dissolution of marriage ---Both the Family Court and Appellate Court
concurrently decreed the suit to the extent of recovery of dower amount and
maintenance, but, her prayer for dissolution of marriage was
dismissed---Plaintiff had assailed concurrent judgments and decrees of the
Courts below before High Court only to the extent of refusing her prayer for
dissolution of marriage ---Effect---Record had revealed that there was
difference in the temperaments of the parties---Relations inter se the parties
had become so strained that it was not possible to have a happy union and to
live within the limits prescribed by God and thus plaintiff was entitled to the
decree for dissolution of marriage on the ground of Khula---Judgments and
decrees of two Courts below were maintained only to the extent that decree for
dissolution of marriage was granted to the plaintiff against defendant on the
basis of Khula, subject to the condition that plaintiff would not claim the
house decreed in her favour as she had claimed the Khula in lieu of the house.
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Citation Name : 2009 PLD 484 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MUHAMMAD KALEEM ASIF
Side Opponent : ADDITIONAL DISTRICT JUDGE
S. 5 & Sched.---Suit for
dissolution of marriage on ground of `Khula'---Wife's statement before Court alleging
her husband to be extremely cruel, due to which she could not continue to live
with him---Validity---Wife was entitled to `Khula' without restoring benefit of
dower to husband---Separate suit by wife for recovery of dower, if un paid,
would be maintainable---Suit was decreed in circumstances----Principles.
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Citation Name : 2009 PLD 484 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MUHAMMAD KALEEM ASIF
Side Opponent : ADDITIONAL DISTRICT JUDGE
Ss. 5, 7(2), Second Proviso &
Sched.---Recovery of maintenance and dower claimed in separate suit, but not
claimed by wile in earlier suit for dissolution of marriage
----Validity---Non-filing or separate filing of suit for dissolution of
marriage would not bar joining of remaining causes of action in one suit---Purpose
of permitting parties to join various causes of matrimonial disputes in one
suit would be to avoid multiplicity of proceedings and advance cause of
convenience of parties and courts--Principles.
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Citation Name : 2009 YLR 1451 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MOHSIN ALI
Side Opponent : ADDITIONAL DISTRICT JUDGE, FAISALABAD
S. 5 Sched. &
S.14---Constitution of Pakistan (1973), Art.199---Constitutional
petition---Suit for dissolution of marriage , recovery of maintenance
allowance, recovery of dower money and recovery of dowry articles---Family
Court decreed suits filed by the plaintiff for her maintenance allowance at the
rate of Rs.3000 per month for her Iddat period, maintenance allowance for minor
son at the rate of Rs.4000 per month with 50% annual increase till the majority
of the minor---Suit for recovery of gold ornaments given as dower was also
decreed upto Rs.1,50,000 and dowry articles upto Rs.1,15, 000---Appellate Court
reduced maintenance allowance of minor and appeal of the defendant to the
extent of dower money and to the extent of recovery of dowry articles was
partly accepted---Both courts below had arrived at the conclusion after
considering the evidence produced by both the parties during the trial---Findings
of the courts below were based on cogent reasons and were supported by the
evidence on record, which could not be interfered with in constitutional
jurisdiction of the High Court---Appellate Court had rightly fixed the price of
dowry articles as per list produced by the plaintiff and no ambiguity was found
in the same---No ground for interference in the findings of Appellate Court
having been made out, constitutional petition was dismissed.
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Citation Name : 2009 YLR 1021 LAHORE-HIGH-COURT-LAHORE
Side Appellant : Wing Commander TIPU SULTAN KHAN
Side Opponent : RUBINA SAIRA ZAFFER
S. 5, Sched, Ss. 6 &
7---Constitution of Pakistan (1973), Art.199---Constitutional petition---Suit
for dissolution of marriage on ground of `Khula'---Territorial jurisdiction of
Family Court---Plaintiff filed suit for dissolution of marriage on ground of
Khula in the Family Court at place `L'---Later on, when plaintiff went back to
place 'I', defendant filed application in which jurisdiction of the Family
Court at place 'L' was challenged, which application having been dismissed by
the Family Court, defendant filed constitutional petition---Validity---Whether
defendant was residing at place 'L' or 'I' was a factual controversy--- `Khula'
was announced by the Family Court at place Z', and at that time jurisdiction of
the Family Court at place `L' was not challenged---Such fact alone was enough
to reject application of defendant--In order to avoid conflict of judgments,
the suit for dissolution of marriage having been decided by one court at place
'L', all other ancillary issues also should have been decided by the same
Court---Convenience of the lady/plaintiff litigant in family dispute should be
given priority while deciding the place of adjudication of cases---Even
otherwise, having .not challenged same earlier, subsequent objection, could not
be appreciated.
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Citation Name : 2009 CLC 980 LAHORE-HIGH-COURT-LAHORE
Side Appellant : ABBAS AHMAD
Side Opponent : Mst. AYESHA AZIZ
Ss. 7 & 12-A---Matrimonial
disputes---Expeditious disposal---Scope---To ensure expeditious disposal of
suits relating to dissolution of marriage , family affairs and maintenance etc.
West Pakistan Family Courts Act, 1964, being a special statute has been enacted
with such specific purpose---Family Court under S.12-A of West Pakistan Family
Courts Act, 1964, should dispose of case within a period of six months from the
date of its institution.
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Citation Name : 2009 CLC 905 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MUHAMMAD BAKHSH MASOOD
Side Opponent : Mst. AYSHA MAI
S. 7(2)---Joinder of causes of
action---Object and scope---Claim for various causes of action relating to
matrimony of spouses are allowed to be joined together---Joinder is specifically
mentioned with reference to the suit for dissolution of marriage but where suit
for dissolution of marriage is not filed there can be no bar in joining rest of
causes in one suit---Only purpose of permitting parties to join causes of
matrimonial disputes in one suit, is to avoid multiplicity of proceedings as
well as advancement of cause, convenience of parties and courts---It cannot be
said that cause of matrimonial disputes can be joined together with a suit for
dissolution of marriage but in other matters, parties should face rigours of
multiplicity of litigation, treacherous inconvenience and agony of multiple
litigation---If joinder is not to be permitted without suit for dissolution of
marriage , the same renders whole legislation on such point useless.
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Citation Name : 2009 MLD 1042 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MUHAMMAD AMIN
Side Opponent : FAUZIA IKRAM
Ss. 9 & 17A---Suit for
dissolution of marriage , recovery of maintenance allowance and dowry
articles---Closing of defence of defendant---Validity---Defendant was supposed
to file written statement on the first date of his appearance but he had been
making all efforts to frustrate progress of claims filed by his wife; he was
given last opportunity to file written statement but he showed obduracy and on
that account he was burdened with costs which were not paid---Defendant had
therefore, lost his right of audience and order closing his defence was quite
justified---Order passed for payment of interim maintenance allowance in terms
of S.17A, West Pakistan Family Courts Act, 1964 was also perfectly legal.
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Citation Name : 2009 MLD 962 LAHORE-HIGH-COURT-LAHORE
Side Appellant : AFTAB AHMAD
Side Opponent : JUDGE FAMILY COURT
Dissolution of marriage
---Changing of faith---Offer to accept Islam---Presumption---Lady was Christian
by faith and had earlier married to a Christian but she embraced Islam and
married a Muslim without getting formal divorce from her former Christian
husband---Effect---After repudiating Christianity, lady embraced Islam, though
there was nothing on record to show that she invited her Christian husband to
accept Islam but it was established that it was in his knowledge that she had
changed her faith and was living with a stranger i.e. Muslim husband---Since
that former husband did not challenge their co-habitation in any forum,
therefore, presumption would be in favour of lady that she offered embracing of
Islam to her former husband but he refused to accept the same, thus marriage of
respondent lady with the Christian husband stood dissolved.
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Citation Name : 2009 CLC 438 LAHORE-HIGH-COURT-LAHORE
Side Appellant : Mst. HAMIDA YASMIN
Side Opponent : AHMAD ALI
S. 5 & Sched.---Constitution
of Pakistan (1973), Art.199---Constitutional petition---dissolution of marriage
---Plaintiff (wife) earlier filed three suits for recovery of past maintenance,
dowry articles and dower amount and on basis of compromise received dower
amount---Later on the plaintiff filed suit for dissolution of marriage , which
was decreed by the trial Court in lieu of payment of dower amount---Plea raised
by the plaintiff was that suit for dissolution of marriage was filed on the
grounds of bad character and cruel behaviour of defendant and plaintiff had never
uttered word of "Khula"---Validity---Plaintiff had not joined the
defendant (husband) after the suits were decreed and even before for which
period she claimed the maintenance, which is evident that she did not allow the
defendant to perform conjugal rights and insisted upon for dissolution of
marriage ---Peculiar circumstances made the case demanded where plaintiff
(wife) persistently and insistently claimed the decree for dissolution of
marriage , she should have returned the amount received as Haq Mehr---Plaintiff
was entitled for decree only on the basis of Khula, therefore, no illegality in
the impugned judgment could be pointed out resulting into miscarriage of
justice---Constitutional petition was dismissed in circumstances.
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Citation Name : 2009 YLR 1073 KARACHI-HIGH-COURT-SINDH
Side Appellant : MUHAMMAD SHOAIB
Side Opponent : Mst. FOUZIA
S. 5, Sched. &
S.14---Constitution of Pakistan (1973), Art.199---Constitutional petition-Suits
for dissolution of marriage , maintenance and return of Jahez/dowry
articles---Petitioner had invoked constitutional jurisdiction of High Court
assailing the orders of the courts below, whereby the suit for dissolution of
marriage , maintenance and return of dowry articles was decreed---Counsel for
the petitioner did not contest the matter in respect of dissolution of marriage
but contended that there was gross misreading of evidence in respect of the
entitlement of respondent of dowry articles as depicted in the dowry
list---Family Court had decided the issues involved in favour of the respondent
pertaining to the dissolution of marriage , return of the dowry articles and
maintenance---Appellate Court through the impugned judgment decided the issue
regarding the dowry articles in favour of the petitioner and maintained the
quantum of award of maintenance by the Family Court to the
respondents---Counsel for the petitioner had undertaken to pay the maintenance
due to the respondents at the rate settled by the Family Court and had agreed
to pay maintenance of minor--Impugned judgment did not call for interference in
view of undertaking given by the petitioner's counsel.
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Citation Name : 2009 PLD 261 KARACHI-HIGH-COURT-SINDH
Side Appellant : Ms. MAHNAZ BAKHTIAR
Side Opponent : FAROOKH R. MEHRI
S. 32---Petition for dissolution
of marriage by wife on the ground that she had been deserted by the respondent
without any reasonable cause for a period of three years within the meaning of
S.32(g) of the Parsi Marriage and Divorce Act, 1936---Petitioner had averred
that she had been living away from the respondent since 15 June, 2001, and that
respondent had withdrawn all the obligations rested upon him---Delegates had
opined that the petitioner was entitled to a decree for dissolution of marriage
on the ground of desertion---When the respondent had extended no allegation and
the delegates were also of the opinion that it would be impossible for the
parties to live together under one roof, the petitioner had made out a case for
the grant of divorce petition---Petition for divorce was granted by High Court
in view of the consent of the respondent and the opinion of the
delegates---Decree for divorce was allowed under S.32(g) of the Parsi Marriage
and Divorce Act, 1936.
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Citation Name : 2009 MLD 379 ISLAMABAD
Side Appellant : Syed SAJID ABBAS ZAIDI
Side Opponent : ADDITIONAL DISTRICT JUDGE
S.5 & Sched.---Constitution
of Pakistan (1973), Art.199---Constitutional petition---Khula, grant
of---Principles---Suit for dissolution of marriage filed by wife was decreed in
her favour by Family Court on the basis of Khula and the judgment was
maintained by Lower Appellate Court---Validity---Held, evidence on record
should establish that wife could not live with her husband any more, hence wife
filed a suit for dissolution of marriage on the basis of Khula---Khula, in
accordance with the Holy Quran and Sunnah could be granted, however the same
was disliked not only by Allah Almighty but by society as a whole---If wife
could not live with her husband any more and she found her husband intolerable
then Khula could be granted in accordance with the principles of the Holy Quran
and Sunnah, however she was not entitled to dower amount, therefore, amount of
dower was waived in such case---High Court in exercise of constitutional
jurisdiction, modified the judgment and decree passed by Family
Court---Petition was allowed accordingly.
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Citation Name : 2009 PCrLJ 263 FEDERAL-SHARIAT-COURT
Side Appellant : KHALIL AHMED
Side Opponent : State
Ss. 11 & 10(3)---West
Pakistan Family Courts Act (XXXV of 1964), S.21(3)(a)---Appreciation of
evidence---Main accused was competent to enter into contract of marriage with
the alleged abductee after 90 days of the-receipt of the copy of the decree for
the dissolution of marriage by the Chairman, as stipulated in S.21(3)(a) of the
West Pakistan Family Courts Act, 1964---Documentary evidence placed on record
had destroyed the very foundation of the prosecution case as the abductee was
the lawfully wedded wife of the main accused on the day of the alleged
occurrence---Co-accused, real brother of main accused, therefore, could not be
involved in committing Zina-bil-Jabr with his own sister-in-law and that too
within the knowledge of main accused for whom a complex and protracted legal
battle had been fought---Question of Zina-bil-Jabr did not arise when the
abductee had been repeatedly admitting herself to be the wife of the main
accused---Prosecution version which, in the entire trial had acquired a focal
status, had not only to be plausible but coherent as well and built-in
improbabilities could not be safely relied upon---Narration of facts should be
natural and appealing to prudent persons---Conviction of accused could not
possibly be based on questionable, unconvincing or a dubious story---Accused
were acquitted in circumstances.
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Citation Name : 2008 CLC 1641 Supreme Court (AJ&K)
Side Appellant : TANVEER HUSSAIN
Side Opponent : NANI SULTANA
S. 5 & Sched.---Suit for dissolution
of marriage on ground of Khula---Plaintiff had claimed dissolution' of
marriage, alternatively on the ground of Khula---Plaintiff had deposed that she
hated the defendant and alleged that her mother had been murdered by
him---F.I.R. was lodged by the plaintiff and after the trial of the case,
defendant had been convicted by the Trial Court---Plaintiff had stated that she
could not maintain the limits ordained by the Almighty God and she requested
that her marriage be dissolved on the basis of Khula---Validity---Basic object
and purpose of the marriage was the creation of perfect and happy life and such
a life could only be created, if there would be a mutual love and affection,
but in the present case the relations between both the parties were so strained
that there was no chance of reconciliation and it could safely be said that the
parties were unable to maintain the limits ordained by the Almighty God,
especially so when the mother of plaintiff had been murdered by the defendant
and the plaintiff had been twice attacked by the defendant---Atmosphere of love
could not be created, in such circumstances---Entire circumstances of the case
had revealed that rift between the parties was much serious and there was no
chance of reconciliation at all---Both courts below had rightly dissolved the
marriage on the basis of Khula.
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Citation Name : 2008 SCMR 186 SUPREME-COURT
Side Appellant : MUHAMMAD BASHIR ALI SIDDIQUI
Side Opponent : Mst. SARWAR JAHAN BEGUM
S. 5 & Sched.---Constitution of
Pakistan (1973), Art.185(3)---dissolution of marriage on ground of
Khula---Parties were married in the year 1970---Nikahnama had provided that in
case respondent/wife obtained Khula, she would have to pay a sum of Rs.2,50,000
to the petitioner/husband; and if the petitioner would divorce the respondent,
he would pay a sum of Rs.2,50,000 to her---Suit filed by respondent (wife) for
obtaining dissolution of marriage on ground of Khula was finally
decreed---Petitioner (husband) had contended that Family Judge as well as High
Court had failed to take into account the Nikahnama-Contention of petitioner
was that it was incumbent upon Family Court to award Rs.2,50,000 while granting
decree by way of Khula in favour of petitioner---Contention of petitioner was absolutely
frivolous as it was against the basic principle of law which required the
parties to remain in marital tie in a peaceful and tranquil atmosphere and were
not required to be bound by stringent conditions to remain in marriage bond.
………………………………………….
Citation Name : 2008 YLR 293 SHARIAT-COURT-AZAD-KASHMIR
Side Appellant : BILAL HAMZA ABBASI
Side Opponent : WAZIR MUHAMMAD
Divorce---Mode---Islam did not
prescribe any specific mode for dissolution of marriage ---Such was an overt
act on the part of husband which could indicate a clear intention to annul the
marriage to operate as a divorce---No particular form of words was prescribed
for effecting a Talaq---If the words of 'Talaq' were clearly expressed, and
very well understood as implying divorce, no proof of intention was
required---Not necessary that divorce should be pronounced in the presence of
the wife or even addressed to her.
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Citation Name : 2008 CLC 952 SHARIAT-COURT-AZAD-KASHMIR
Side Appellant : Raja TAHIR BASHIR
Side Opponent : Mst. GULSHEEDA BIBI
S. 5, Sched.---dissolution of
marriage on ground of Khula---Appeal to Shariat Court---Plaintiff filed suit
for dissolution of marriage against defendant husband on ground of Khula,
alleging that her husband was a cruel person who had made her life miserable by
cruelty and ill-treatment; therefore she had developed hatred against him and
that she could not live with him within the limits ordained by the Almighty
Allah---Plaintiff further contended that she would not even want to see his
face and she would prefer to die rather to live with him---All witnesses had
supported the allegation of improper behaviour of defendant husband against
plaintiff and separation of the spouses---Plaintiff had categorically stated
before the court below that she had developed severe hatred against defendant
and she could not live with him within the limits ordained by Almighty
God---Before invoking power to annul marriage on ground of Khula, court must
satisfy its conscience whether the spouses could live a life of love,
affection, trust and harmony and if not, then it was better to break the
hateful union---Wife, in the present case, was so adamant that she had
expressed her hatred by deposing that she would prefer death instead of living with
defendant---Islam did not force a woman to live sinful life; that was why right
of Khula had been bestowed upon her by the Dictates of Holy Qur'an--Wife was
not obliged to prove the fault of the husband, rather if it appeared from the
record that relations of the spouses were strained beyond repair on account of
fault of either party, whereupon wife had developed severe hatred against her
husband, it was always advisable to dissolve the marriage---Marriage was
rightly dissolved by the Family Court on ground of Khula, in
circumstances---Husband had admitted that land, given by him to plaintiff wife
in lieu of dower, was in his possession---Golden ornaments given to her at the
time of marriage were sufficient consideration for grant of Khula as ordered by
the Family Court.
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Citation Name : 2008 CLC 564 SHARIAT-COURT-AZAD-KASHMIR
Side Appellant : Syed ABDUL QAYYUM SHAH
Side Opponent : Mst. TANVEER ANDLEEB
S. 5 & Sched.---Suit for
dissolution of marriage on ground of 'Khula'---'Surah-Al-Baqrah' verse No.229
of the Holy Quran was the base and origin of legality of 'Khula'---Limits
prescribed by Almighty Allah in said verse, would mean the direction to lead a
happy life---Before dissolving the marriage on ground of 'Khula', the court
must satisfy its conscience that every apprehension existed that spouses would
not lead a happy life within the limits ordained by Almighty Allah and that
wife wanted separation from her husband and she had to pay the
consideration---If all such conditions were fulfilled, then no option was left
for the court, except to annul the marriage and grant 'Khula' in favour of the
wife.
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Citation Name : 2008 CLC 564 SHARIAT-COURT-AZAD-KASHMIR
Side Appellant : Syed ABDUL QAYYUM SHAH
Side Opponent : Mst. TANVEER ANDLEEB
S. 5, Sched. & S.14---Suit
for dissolution of marriage by wife against her husband on ground of cruelty,
mental torture, non-payment of maintenance allowance and on ground of 'Khula',
was decreed by the Family Court, whereas suit for restitution of conjugal right
filed by husband against wife was dismissed---Validity---Contention of wife was
that she was ousted from the house of her husband in March, 2004 and thereafter
defendant did not provide her maintenance allowance---Suit having been filed on
3rd February 2005, the ground for decree of dissolution of marriage for
non-providing of maintenance allowance for a period of two years was not
available to her---Wife had also failed to prove, the factum of cruelty by
convincing evidence; however, evidence on record had proved that spouses could
not live together within the prescribed limits ordained by Almighty Allah and
their relations were strained beyond repair---Wife had developed aversion and
hatred against her husband and in no circumstances she was willing to live with
him, in such state of affairs, it was better to annul the hateful union rather
to compel wife to go back to her husband to lead an unhappy life---Husband had
failed to prove as to whether he had given any jewelry, gift or other things to,
his plaintiff wife---Family Court fixed the consideration of 'Khula', the dower
received by plaintiff wife at the time of marriage ceremony---Impugned
decision, did not suffer from any glaring defect or legal, infirmity and the
dower money was an appropriate consideration for grant of 'Khula'---Appeal was
dismissed, in circumstances.
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Citation Name : 2008 YLR 2789 PESHAWAR-HIGH-COURT-NWFP
Side Appellant : MAHMOOD NOOR
Side Opponent : Mst. FIRASAT BIBI
S. 5 & Sched.---Constitution
of Pakistan (1973), Art.199---Constitutional jurisdiction of High
Court---Scope---Suit by wife for dissolution of marriage , maintenance and
dower against husband---Appellate Court, after hearing both the parties,
allowed the appeal of wife to the extent of grant of dissolution of marriage
and half share of house mentioned in the Nikahnama to the wife in shape of
dower and rest of the claims of wife were turned down---Validity---Appellate
Court had properly scrutinized in great detail the evidence of both the parties
and had given proper reasoning in partially accepting the appeal of the wife
and no misreading, illegality or any irregularity or jurisdictional defect in
the impugned judgment of the Appellate Court was found---Held, High Court could
not interfere in the judgment and decree passed by the Court of competent
jurisdiction for the reason that it was within the exclusive jurisdiction of
the Family Court to believe or not to believe the evidence---No interference
therefore, was warranted in the impugned judgment of the Appellate Court in
exercise of the constitutional jurisdiction under Art.199 of the
Constitution---Constitutional petition was dismissed.
………………………………………….
Citation Name : 2008 YLR 2752 LAHORE-HIGH-COURT-LAHORE
Side Appellant : Mst. SHABANA KAUSAR
Side Opponent : AURANGZEB
S. 497(2) (5)---Penal Code (XLV
of 1860), S.365-B---Bail, cancellation of---Application for---Further
inquiry-Case against accused was lodged by the complainant with a delay of
fifty-five days of the alleged occurrence and during that intervening period
mother of the petitioner had not made any effort to get a criminal case
registered regarding abduction of her daughter/petitioner---Record had shown
that petitioner had left the house of accused herself and after that she lodged
the impugned F.I.R. against him---Petitioners had also filed a suit for
dissolution of marriage which was pending before the Judge Family
Court---Petitioner had also filed a private complaint in the court of Senior
Civil Judge/Magistrate Section 30, in which she admitted her marriage with
accused---Nikah Nama, even if was not a registered document, yet in the light
of the suit for dissolution of marriage the fact of Nikah was admitted by the
petitioner herself and the fact was yet to be decided by the Judge, Family
Court as to whether Nikah Nama was a registered document or not---Trial Court
had rightly observed that case against accused called for further inquiry into
his guilt within the purview of subsection (2) of S.497, Cr. P. C.---Allegation
levelled by the petitioner for misusing the concession of bail by accused was
neither supported by the counsel for the petitioner during the course of
arguments nor any document had been produced before the court to substantiate
that bald allegation---No illegality therefore existed in the order of
discretion exercised by the Trial Court in favour of accused. Application for
cancellation of bail was declined.
………………………………………….
Citation Name : 2008 YLR 2735 LAHORE-HIGH-COURT-LAHORE
Side Appellant : MUHAMMAD AKBER
Side Opponent : State
S.496-A---Constitution of
Pakistan (1973), Art.199---Constitutional petition---Quashing of
F.I.R.---Accused were nominated in the F.I.R. for abduction of the girl and
mala fides on their part were apparent---Accused were neither appearing before
the police in the investigation, nor were producing the alleged abductee before
the police---Controversial questions involved in the registration of the case
and alleged innocence claimed by the accused could be resolved through
investigation---Court could not assume the role of an investigator---Accused
through abuse of process of law had, prima facie, filed a suit for dissolution
of marriage at a place other than the normal place of abode of the
abductee---Nothing was available in favour of accused for quashing the
F.I.R.---Unhealthy trend of filing quashment petitions frequently against the
regist ration of criminal cases was deprecated and discouraged---Constitutional
petition was dismissed in circumstances.
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