| Citation(s) |
|---|
| 1957 SLG 4083 = 1957 SLD 4083 = 1957 PLD 988 |
West Pakistan Lahore
Letters Patent Appeal No. 23 of 1953, decided on 19th September 1957, against the judgment and decree of Shabir Ahmad, J. passed in Regular Second Appeal No. 83 of 1952, on 8th April 1953.
Presented By: M. R. Kayani and B. Z. Kaikaus, JJ
Mahmud Ali and Rafiq Ahmad for Appellant. Muhammad Iqbal for
Respondent.
Letters Patent Appeal No. 23 of 1953, decided on 19th September 1957, against the judgment and decree of Shabir Ahmad, J. passed in Regular Second Appeal No. 83 of 1952, on 8th April 1953.
Presented By: M. R. Kayani and B. Z. Kaikaus, JJ
Mahmud Ali and Rafiq Ahmad for Appellant. Muhammad Iqbal for
Respondent.
GHULAM BHIK-Appellant
VERSUS
Mst. HUSSAIN BEGUM-Plaintiff-Respondent
Law: Evidence Act (I of 1872)
Section: 2
Law: General Clauses Act (X of 1897)
Section: 6
Law: Muslim Personal Law (Shariat) Application Act (X of 1937)
Section:
Law: West Punjab Muslim Personal Law (Shariat) Application Act (IX of 1948)
Section:
(a) Muhammadan Law------ ----- Divorce - Li'an-Holy Quran, Sura X XIV (An-Nur), Verse 4-Li'an means imprecation -Original object of procedure in Verse 4 was not dissolution of marriage tie-Subsequently Li'an came to be utilised for obtaining divorce. Per Kaikaus, J.------The procedure which is prescribed in the Holy Quran Sura XXIV (An-Nur), Ver. 4 or taking an oath and calling for the wrath of God is called Li'an. Li'an means imprecation. The original object of this procedure was not dissolution of the marriage tie. Li'an subsequently came to be utilised by the wife for obtaining divorce in the courts of Muslim Qazis. When the husband brought a charge of adultery against a wife, she would approach the (nazi who would force the husband either to retract the accusation or to take an oath. If he withdrew the accusation he would suffer punishment for slander. If he chose to take the oath, the procedure for Li'an would follow and a dissolution would be granted. Per Kayani, J.--------- . . . . . . while La'an is a recognized form of divorce, it only means "the invocation of a curse or (La'nat). The substance of the claim, therefore, lies in the accusation the form is in the imprecation. La'an in the present day is a form of obtaining a divorce by the wife if the husband brings a false charge of adultery against her, and it is not necessary for it to be attended by a formal imprecation. (b) Muhammadan Law----- ----Divorce-Li'an-----Accusation of adultery results in separation of 'spouses-Compliance with procedure of Li'an not necessary. Per Kaikaus, J.--------In cases where marriage is dissolved on account of an accusation of adultery by the Courts in Pakistan, it is technically not a case of Li'an for there has been no imprecation, but Li an has always been understood in this sense in pre-partition India, and it cannot be said that this is an improper use of the term once it is conceded that dissolution is the result in the case of Li'an, of the accusation. It is because the term was understood in this sense in pre partition India…