Law: Muslim Family Laws Ordinance, 1961

Section: 7 , 420 ,  466 ,  467

Muslim Family Laws Ordinance (VIII of 1961)---- ----S.  7---Penal  Code  (XLV  of  1860),  Ss.420,  466,  467  & 468---Constitution of Pakistan (1973), Art. 199---Constitutional petition---False and fictitious certificate of Talaq issued by Chairman, Union Council to respondent (wife of deceased) in connivance with brothers of deceased so as to deprive her of inheritance from her deceased husband---Deputy Commissioner conducted inquiry through Project Manager and, on receipt of Inquiry Report, ordered registration of criminal case against Chairman of Union Council and brothers of deceased for preparing absolutely false and fictitious record---Validity---Entire record prepared by Chairman Union Council with connivance of brothers of deceased was absolutely bogus and whole exercise had been conducted to deprive respondent of her right of inheritance---Such act amounted to offence under Penal Code, 1860---False and fictitious record prepared by Chairman Union Council could be looked into by Inspecting Officer (Project Manager) and delinquent Official could not escape his criminal liability---Very serious consequences would flow from issuance of false and fictitious certificate of Talaq i.e. marriage between spouses would come to an end, which was not only offence but gross violation of Islamic Injunctions---Sanctity of marriage having been violated, not only wife would be deprived to receive her share in inheritance but issue in wedlock would be rendered illegitimate---Such act amounted to dishonour of departed soul of respondent's husband---Chairman Union Council had, thus, committed extremely heinous crime under Penal Code as also under Islamic law---Deputy Commissioner as also Project Manager (Inspecting Officer) had exercised their authority in aid of justice and fairplay-- No direction in the nature of writ would be issued in aid of injustice---Order of registration of case being equitable and having promoted cause of justice, same could not be set aside---Copy of order of High Court was sent to S.P.   of the District concerned for compliance of order passed by Deputy Commissioner. Mst. Maryam v.…