Law: Family Courts Act, 1964

Section: 14164

Law: Code of Criminal Procedure (CrPC), 1898

Section: 199

Law: Constitution of Pakistan, 1973

Section:

Family Courts Act, 1964 (XXXV of 1964)--

----S. 14--Criminal Procedure Code, (V of 1898), S. 164--Constitution of Pakistan, 1973, Art. 199--Relationship and execution of Nikah was denied--Petitioner was failed to prove execution of Nikahnama--Suit for jactition of marriage--Decreed--Appeal--Dismissed--Requirement of valid nikah--Self harming statement--Inadmissible evidence--Challenge to--Allegation of abduction--Requirements of a valid Nikah in terms of Muslim Family Laws Ordinance, 1961 were not proved--Advocate in whose chamber Nikah was allegedly solemnized was not produced--Voluntariness and truthfulness, essential ingredients of statement under Section 164 of Cr.P.C. 1898 were not proved--No lawyer was produced to prove that lady had signed petitions/affidavit and appeared in person before Court--Self-harming statements carry more authenticity, high evidentiary value and deserve more credibility and weightage, as compared to evidence of petitioner, read in context of apparent motive, intending to avoid incriminating charges in criminal case which manifest tendency of misrepresenting Facts--Insistence of counsel on statement of Nikah Khawan in criminal case had no evidentiary value, which piece of evidence was otherwise inadmissible, for failing to undergo test of confrontation--Nikah Khawan appeared who was never confronted with alleged statement before criminal Court, alleging solemnizing of sharainikah--Nikah Khawan otherwise testified against petitioner--Statement, not confronted to witness, had no evidentiary value, besides being otherwise attracting inadmissibility--Petition dismissed.


PLD 2006 SC 489 ref.

 

ORDER

Instant constitutional petition impugns concurrent decisions, in terms whereof suit for jactitation of marriage, instituted by Respondent No. 3, was decreed by the Family Court and same was affirmed by the Appellate Court, consequently alleged Nikah between the petitioner and Respondent No. 3 was declared void for all intents and purposes.