Law: Penal Code (XLV of 1860)

Section: 366

Law: Muslim Family Laws Ordinance, 1961

Section: 8

(a) Penal Code (XLV of 1860), S. 366---Abduction---Duty of prosecution in abduction cases---To establish existence of legal marriage---Nikahnama produced by prosecution to prove fact of marriage but no witnesses of nikah produced-Prosecution, held, had utterly failed to establish existence of legal marriage. (b) Muslim Family Laws Ordinance (VIII of 1961), S. 8- --Dissolution of Muslim marriage---Ex parte decree for dissolution of marriage designedly obtained by using false name of respondent (real husband)--Suit filed in another district---No dower mentioned in nikahnama nor any Vakil named---No witnesses of nikah produced---Woman's father stating no divorce had been given---Proceedings filed in order to regularise woman's illicit connection with her paramour-Nikahnama, held, in circumstances, fake and decree for dissolution of marriage of no legal force. (c) Penal Code (XLV of 1860), S. 366---Abduction---Complain ant's statement in Court materially different from version given in first information report and contradictory to statements of prose cution witnesses---Complainant admitting collection of IS to 20 village people at time of abduction and even naming 4-5 of such persons in F. I. R. but not a single such witness produced nor any explanation offered for their non-production---First Information Report belated but delay not explained-Complainant's statement full of improbabilities and not confidence---inspiring---Prosecution witnesses very closely related to complainant---Woman's father stating no divorce had been given by husband and no marriage had taken place with complainant---Woman's statement ridiculously false---No offence under S. 366, held, committed---Accused acquitted. Date of hearing: 2nd February 1973.                                                                                                                    JUDGMENT All the…