Law: Azad Jammu and Kashmir Interim Constitution Act, 1974

Section: 44,42

(a) Azad Jammu and Kashmir Interim Constitution Act (VIII of 1974)--- ----Arts. 44 42---Writ jurisdiction---Scope---Quashing of FIR claiming to be husband and wife sought quashing of FIR lodged by the father of lady under Ss.10, 11 19 of Offence of Zina (Enforcement of Hudood) Act, 1985 and S.14 of Offences against Property (Enforcement of Hudood) Act, 1985---High Court declined the relief on the ground that an ex-parte decree for dissolution of marriage on the basis of khula was passed by Judge Family Court, which was still intact; that the husbands application for setting aside of the decree was dismissed in default and that the High Court could not restrain the police from investigation---Validity---Decree passed by the Judge Family Court was doubtful as the same was not acknowledged by the lady and even otherwise, such decree did not operate as complete talaq, hence, was not a hurdle in reunion of the spouses---Impugned was set aside, writ petition was accepted and the FIR was quashed. Hafiz Abdul Waheed v. Mrs. Asma Jehangir and another PLD 1997 Lah. 301; Aziz-ur-Rehman v. Nasir Yousaf and others, Civil PLA No. 115 of 2018 decided on 12.04.2018; M. Shawal v. Sonia Farooq 2019 SCR 934; Shapal Anjum v. Samin Kousar 2019 SCR 226; Safeena Bibi v. Zahoor Ahmed 2006 SCR 411; M. Saleem v. M. Zaman and others 2014 SCR 809; Zahoor Ahmed v. Rukhsana Kousar and others 2000 SCMR 707; Khadim Hussain v. Abdul Basit and others 2002 MLD 1250; M. Hanif Khan v. M. Halim Khan and others 2000 PLC (C.S.) 171; Sohail Yousaf v. Yasir Riaz and others 2019 YLR 1284; Parveen Azam and others v. SSP District Mirpur and others 2015 SCR 837; Shan Muhammad v. M. Younas and others 2014 SCR 183; Dr. Ghulam Mustafa v. The State and others 2008 SCMR 76; Col. Shah Sadiq v. M. Ashiq and others 2006 SCMR 276; Haji Sardar Khalid Saleem v. M. Ashraf and others 2006 SCMR 1192; Brig. (Retd.) Imtaiz Ahmed v. Government of Pakistan and others 1994 SCMR 2142; Habib Ahmed v. M.K.G. Scott Christian and others PLD 1992 SC 353; M. Rehman v. District Police Officer and others PLD 2015 Lah. 413; Shevo v. Regional Police Officer and others PLD 2009 Kar. 24; Resident of Village Sathra v. Azad Government and…

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