Law:

Section:

(a) Islamic Law-------Non-Muslim married woman---Dissolution of marriage after conversion of religion---If a married non-Muslim woman had embraced Islam, she must inform her husband of said conversion of religion and the husband could embrace Islam within a period of Iddat and in that case the marriage would continue, but if the husband remained non-Muslim even after expiry of Iddat period, the marriage would stand dissolved---Even in that case the wife had to apply to the Family Court for dissolution of marriage on that ground and the Court would summon her husband and inform him about the conversion of his wife and if he did not embrace Islam within Iddat period, the Court could declare marriage dissolved---Woman would in that eventuality be entitled to enter into second marriage with a Muslim and such procedure must be adopted to preclude the possibility of exploitation of religion merely for the purpose of satisfying sexual desire without any regards for one's family responsibility---Observance of Iddat period was also compulsory to avoid the possibility of pregnancy and the controversy of paternity of the child---Contention that woman's marriage with her previous non-Muslim husband would dissolve automatically by her embracing Islam, was repelled---West Pakistan Family Courts Act (XXXV of 1964), S.5 & Sched. 1997 MLD 158(1) ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10(2)/16 & 4---Bail, grant of---Accused female who was Christian, had embraced Islam and on the very day entered into Nikah with a Muslim without observing procedure which was to be adopted by her for entering into marriage after conversion of religion---Accused was an uneducated woman and procedure to be adopted was not known to her---No mens rea for commission of Zina existed which had brought the case of the accused for further inquiry---Accused was in judicial lock-up for the last more than seven months and was not pregnant---Accused otherwise, being a woman, was entitled to bail---Bail was granted to the accused, in circumstances. ORDER Aisha alias Nasim the petitioner seeks after-arrest bail in…

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