Law:

Section:

(a) Law Reforms Ordinance (XII of 1972)- S. 3 read with Provisional Constitution Order (I of 1981), Art. 9, Ofi'enge of Zina (Enforcement) of Hudood) Ordinance (VII of 1979), S. 10-Inter-Court Appeal against order of Single Judge directing regis­tration of case under S. 10 of Ordinance of 1979-Allegation of complainant that during subsistence of his marriage, accused and his (complainant's) wife under false cover and pretence of marriage com­mitting zina-Order of Single Judge directing registration of complaint passed in proper exercise of discretion-Held, does not warrant inter­ference in Inter-Court appeal.-[Inter-Court Appeal]. Jamshaid Ahmed v. Muhammad Akram and others 1975 S C M R 149 distinguished. Mst. Ghulam Fatima v. Abdul Qayyum P L D 1981 S C 460 ref. Per Shameem Hussain Kadri, Actg. C. J.-- (b) Muhammadan Law- -- Divorce- Talak-Kinds of -Talak-i-bain becomes irrevocable at once. Mulla's Muhammadan Law, para. 312 ref: (c) Muslim Family Laws Ordinance (VIII of,1961)- S. 7-Talak-Notice-Absence of notice, held, violation of S. 7 of Ordinance only-Muhammadan Law-Question whether provision of S. 7 repugnant to Qur'an and Sunnah-To be looked into by, Federal Shariat Court-Held, talak, if pronounced, cannot, for want of notice, be claimed to be ineffective.-[Muhammadan Law]. JUDGMENT FAZAL-I-MAHMOOD, J.-This Intra-Court Appeal is directed against the order of a learned Single Judge whereby on a Constitutional petition filed by Ahmad Yar respondent No. 1, the concerned S. H. O. was directed to register a case and proceed in accordance with law. 2. The brief facts giving rise to this Intra-Court Appeal are that Ahmad Yar respondent No. 1, filed Constitutional Petition No. 1469 of 1982 against Station House Officer, Police Station Gojra on his alleged refusal to register a case when furnished with information regarding the commission of a cogni­zable offence. The case set up by Ahmad Yar respondent No. 1, before the learned single Judge was that he, according to Muslim law, married 7lst. Taj Bibi on 12-8-1977. After living harmoniously for 10/I1 months Mst. Taj Bibi went to visit her relatives but she did not return for a long time. The petitioner then made…

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