Law: West Pakistan Family Courts Act, 1964

Section: 5

Law: Penal Code (XLV of 1860)

Section: 420, 468, 471

Law: Offence of Zina (Enforcement of Hudood) Ordinance, 1979

Section: 10, 11

Law: Constitution of Pakistan, 1973

Section: 199

(a) West Pakistan Family Courts Act (XXXV of 1964) S. 5 & Sched.‑‑‑Nikah‑‑‑Validity of ‑‑‑Sui Juris woman could contract Nikah of her own free‑will and a Nikah. performed under coercion by getting thumb‑impression of woman in a deceitful manner was no "Nikah " in law‑‑‑Condition precedent for constituting a marriage contract was the consent of the parties to the marriage contract, which without the consent of the parties was not valid. (b) Administration of justice ‑Functions of the Court and the Police were complementary and were not overlapping and each institution should ordinarily remain within the parameters of its own domain. (c) Penal Code (XLV of 1860) Ss. 420/468/471 & 109‑‑‑Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10/11‑‑‑Constitution of Pakistan (1973), Art.199‑‑‑Constitutional petition‑‑ Quashing of F.I.R.‑‑‑Jurisdiction of High Court under Art.199 of the Constitution‑‑ Scope‑‑‑Where investigation in the case was mala fide or without jurisdiction, the High Court, in exercise of its Constitutional jurisdiction under Art. 199 of Constitution of Pakistan (1973), was competent to correct such proceedings and pass necessary orders to ensure justice and fairplay‑‑‑Investigating Authorities would not have the entire and total authority of running investigation according, to their whims‑‑‑No prosecution under Offence of Zina (Enforcement of Hudood) Ordinance, 1979 could be instituted against the accused without a conclusive finding of the Family Court against the Nikah in question‑‑‑Case registered and the proceedings initiated against them which reflected mala fides were of no legal effect, and were liable to be quashed‑‑‑Petitioners who were behind the bars were ordered to be released forthwith. Mst. Humaira Mehmood v. The State PLD 1999 Lah. 494; 2000 SCMR 722; 2000 CU 648; 2001 SCMR 155; 2001 SCMR 574; PLD 2001 Lah. 22; PLD 1982 FSC 42; Shahnaz Begum's case PLD 1971 SC 167 and Adamjee Insurance Company‑Limited v. Assistant Director 1989 PCr.LJ 1921 ref.   ORDER Ahmad Khan and Mst: Sarsanda, petitioners seek quashment of F.I.R. No.90 under sections 10/11 of Offence of Zina (Enforcement of Hudood)…