Law:

Section:

Keywords: Order, Place, Delay, Enforcement, Family Suit, Interpretation Of Statutes, Defence, Procedure, Period, Quashment, Retrospectivity, Enforcement Of Hudood, Proceedings, Provisions, Dissolution, Set Aside, Payment, Dissolution Of Marriage, Copy, Interpretation, Responsibility, Claims, Offences, Prostitution, Maintenance Result: Proceedings quashed JUDGMENT This is an application for quashment of proceedings pending under section 498/34, P. P. C. Read with sections 10-16 of Zina (Enforcement of Hudood) Ordinance, 1979. The case against the to applicants was based on F. I. R. Lodged on 4th December, 1979 under section 498/34, P. P. C by complainant Allah 13ukhsh, who claims to be the uncle of the applicant No. 2 Mst. Zulekha. It was alleged that Mst. Zulekha was married with one Misri about 10 months back and she was carrying a child from him. It was further alleged that 20 days ago the complainant was informed by Warayam that he saw Zulekha w/o Misri came out from the house and she had golden ornaments on her person and new clothes and she sat in the jeep with Yaseen Awan applicant No. 1. Complainant, thereafter, went to the house of Misri and saw the door of house opened, Mst. Zulekha was missing and luggage was lying scattered.. The complainant then went to Yaseen Awan, who promised to return her after to days but did not return her and kept the complainant on false hopes and eventually told the complainant that he would not return her. Complainant had also stated in the F. I. R. That senses of Misri are not in order. The F. I. R. Concluded that Yaseen Awan abducted Mst. Zulekha who as on illicit terms with Yaseen Awan. I may note here that this F. I. R. Has given an explanation of delay for a period between 2 to 3 days but there is no reasonable explanation for the 20 days' delay which is suggested in the F. I. R. Itself. Mr. Mohammad Ali Shaikh has challenged the proceedings as false and mala fide and an abuse of the process of the Court. He has filed an affidavit of Mst. Zulekha in original with her photograph attached where she has stated that her husband Misri maltreated her and kept her engaged for hotel visitors. This affidavit was sworn before…

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