| Citation(s) |
|---|
| 2026 SLG 4104 = 2026 SLD 4104 = 2026 PLD 617 |
Writ Petition No. 622/2025
Presented By: (Tariq Saleem Sheikh) Judge
Date of hearing: 25.2.2025 For the Petitioner: Malik Shahid Hassan Awan, Advocate, assisted by Mr. Hassan Moeen Khan, Advocate. For
Respondents No.1 & 2: Mr. Zafar Iqbal Awan, Additional Advocate General, with Rashid/SI. For
Respondent No.3: Mr. Muhammad Din Anjum Sameja, Advocate. Amici curiae: Mufti Dr. Khaleeq-ur-Rehman, and Mr. Kashif Alexander, Advocate
Noor Fatima
VS
. Station House Officer and others
Law: Constitution of Pakistan, 1973
Section: 199, 20, 35, 36
Law: Divorce Act, 1869
Section: 7 & 10
TAG-LINE
A Christian woman's conversion to Islam does not automatically dissolve her existing marriage; the legality of remarriage depends upon the applicable principles of Islamic law and disputed facts cannot be decided in writ jurisdiction under Article 199.
Case Summary
Facts
- Kiran Masih (Christian) married Amir Bhatti (Christian) on 04.05.1999.
- Amir Bhatti unilaterally pronounced divorce on 25.02.2024, which had no legal effect under Christian law.
- Kiran filed a petition for dissolution under Sections 7 & 10 of the Divorce Act, 1869, but it was dismissed for non-payment of process fee.
- She embraced Islam on 05.10.2024, adopted the name Noor Fatima, and married a Muslim, Adnan Abdullah, on 12.12.2024.
- She alleged police harassment at the instance of her former husband and sought constitutional protection.
Issue
Whether conversion of a married Christian woman to Islam automatically dissolves her previous marriage, allowing her to marry a Muslim without obtaining a decree of divorce?
Held
The High Court disposed of the petition after the police assured the Court they would act strictly according to law. The Court refrained from deciding the validity of the petitioner's second marriage because disputed factual questions could not be determined in constitutional jurisdiction.