Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979

Section: 10

Law: Muhammadan Law

Section:

Offence of Zina (Enforcement of Hudood) Ordinance Ml of 1979)-- ----S. 10(2)---Constitution of Pakistan (1973), Art.203-F---Complaint by husband that his wife had developed illicit relations with accused and in consequence thereof accused abducted his wife and both accused and his wife were living a sinful life---Plea of accused was that the lady had never married the complainant and she had contracted a valid marriage with him---Trial Court had disbelieved lady's Nikah with accused while her Nikah with complainant was found to be legal on the basis of Nikahnama and three witnesses produced by him and Trial Court convicted both the lady and accused---Federal Shariat Court, on appeal, had not resolved the dispute of Nikah between complainant and accused nor did it give any positive finding on the issue of Nikah---Basic reason which prevailed with the Federal Shariat Court while dismissing the appeal of the accused persons was that accused had admitted that he revoked the divorce through the Union Council ---Federal Shariat Court found that the accused could not revoke the divorce given by him, because same was not permissible under the Sharia---Leave to appeal was granted to examine a number of important points viz. that it was proper to resolve the dispute of Nikah in a Family Court before the final decision about the criminal liability of the accused persons; whether the delay in lodging F.LR. was satisfactorily explained in the circumstances of the case; whether in the circumstances it was proper for Federal Shariat Court to presume that the revocation of divorce was not valid in Sharia and it amounted to Zina; whether divorce under coercion was effective and whether statement of male accused that accused lady was still residing with him as his wife amounted to Zina and could a conviction under S.10(2), Offence of Zina (Enforcement of Hudood) Ordinance, 1979 be based on such an admission only in the circumstances of the case. Offence of Zina (Enforcement of Hudood) Ordinance MI of 1979)-- ----S. 10(2)---Allegation of Zina---Dispute as to factum of Nikah---Held, it was proper to resolve the dispute.of Nikah in a Family Court before the final decision about…