Law: Offence of Qazf (Enforcement of Hadd) Ordinance, 1979

Section: 3, 7, 14

Divorce Deed-- ----Principle--It is a well-established principle in Islamic law and Pakistani jurisprudence that when a divorce is pronounced in clear, unambiguous terms and documented in writing, it becomes effective from date of its execution. It has further been emphasized that a written divorce deed with a specific date, validated under oath, establishes that date as effective date of divorce.                                       [P. 118] A Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (VIII of 1979)-- ----S. 14--“Lian”-- The expression “Lian” has been defined in Section 14 of Qazf Ordinance, which pertains to accusation of zina made by a husband against his wife before a Court of law--This provision outlines procedure wherein husband takes an oath before Court, which, if denied by wife, leads to dissolution of marriage through a judicial decree--Since Section 14 is procedural in nature, it cannot form basis for framing a charge against an accused person—Held: It is well-established principle of law that Courts frame charges under those provisions of law that prescribe punishments, not under Sections that merely lay down procedural guidelines. [P. 119] C Offence of Qazf (Enforcement of Hadd) Ordinance, 1979 (VIII of 1979)-- ----Ss. 3, 7 & 14--“Lian”-- Section 14 of Qazf Ordinance concerning Lian will not be applicable to present case, as marital relationship had already been dissolved long before filing of application, which appears to have been made solely to inflict mental agony and distress upon respondent--The complaint lodged by Respondent No. 2 under Sections 3 and 7 of Qazf Ordinance, trial Court has rightly framed charge under Section 7 of Qazf Ordinance--Counsel for petitioner regarding applicability of Section 14 of Qazf Ordinance is misconceived and devoid of merit--In light of above discussion, prayer of petitioner for framing charge under Section 14 of Qazf Ordinance is entirely baseless since marital…