Law: Enforcement of Hadd Order (4 of 1979)

Section: 16

Enforcement of Hadood Ordinance, 1979 (VII of 1979)-- —-S. 16 read with Muhammadan law by D.F. Mulla S. 268-C-Presumption of marriage-In Islamic law when a woman and man acknowledge their Nikah, a presumption of truth is attached to it-Marriage will he presumed, in absence of direct proof from, prolonged and continual cohabitation as husband and wife, the fact of acknowledgement by the man of the paternity of the child born to the woman, provided all the conditions of a valid acknowledgement are fulfilled Fact of the acknowledgement by the man as the woman as his wife-FIR quashed— Petitioners are husband and wife-Petition accepted. [Pp. 1227 & 1228] A, B, C & D Date of hearing: 28.1.2004.                                                                                                                  judgment Through this petition petitioners have sought quashment of the case registered vide FIR No. 312 dated 8.8.2003 under Section 16/7/79 Hudood Ordinance P.S. Saddar Kehror Pacca, Petitioners admittedly are first cousin & they claim to be husband & wife in terms of Nikahnama dated 10.7.2003, 2.     The prosecution story as given in the afore-referred FIR registered  on  the  statement  of Muhammad  Nawaz who  is father  of Petitioner No.   1 briefly stated is that he had married his daughter (Petitioner No. 1) with his nephew Allah Wassaya but the latter divorced her whereafter on 19.6.2003 he married her with Muhammad Bilal. She started living with him. On 7.7.2003 it is alleged that Zafar Iqbal (nephew of Petitioner No. 2) Manzoor Mai (sister of Petitioner No. 2) Ahmad Yar & Manzoor Ahmad (brothers of Petitioner No. 2) enticed Petitioner No. 1 away in sequal to illicit liaison between the petitioners. 3.  Learned counsel for the petitioners in support of this petition has made…