| Citation(s) |
|---|
| 1963 SLG 489 1963 SLD 489 = 1963 PLD 51 |
Supreme Court of Pakistan
Criminal Appeal No. 98 of 1962, decided on 29th November1962.
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLE-AKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
Ijaz Hussain Batalvi Advocate Supreme Court instructed by M. A. Rahman Attorney for Appellant.Mahmud Ali Senior Advocate Supreme Court (S. M. Zafar and Altaf Sikandar Advocates Supreme Court with him. Fazal Hussain Advocate High Court of West Pakistan a
Criminal Appeal No. 98 of 1962, decided on 29th November1962.
A. R. CORNELIUS, C.J., S. A. RAHMAN, FAZLE-AKBAR, B. Z. KAIKAUS AND HAMOODUR RAHMAN, JJ
Ijaz Hussain Batalvi Advocate Supreme Court instructed by M. A. Rahman Attorney for Appellant.Mahmud Ali Senior Advocate Supreme Court (S. M. Zafar and Altaf Sikandar Advocates Supreme Court with him. Fazal Hussain Advocate High Court of West Pakistan a
Syed ALI NAWAZ GARDEZI--Appellant vsLT. COL. MUHAMMAD YUSUF--Respondent
Law: Evidence Act, (1 of 1872)
Section: 126,129
Law: Muslim Family Laws Ordinance, 1961
Section: 7,8,9
Law: Pakistan Penal Code (XLV of 1860)
Section: 498,497
Law: Criminal Procedure Code (V of 1898)
Section: 352,526
(a) Special Leave to Appeal to Supreme Court-Granted where "a large number of complicated questions of law and fact arose in the case", "a number of which were sufficiently important to attract special jurisdiction of Court in criminal cases."(b) Marriage- (Private International Law)-Validity of "form" of marriage to be judged by lex loci contractus-"Capacity" to enter into marriage bond to be determined according to law of domicile of party concerned-[Brook v. Brook (1861) 9 H L C 1921 and Halsbury's "Laws of England," Vol. 7, p. 91, para. 165, III Edition ref.].(c) Muhammadan Law---(Shia Law)-Marriage-Capacity to enter into marriage bond-Shia Muslim's marriage with woman of scriptural sects (Kitabi)-Valid according to Usuli Shias-�Conflict between clear injunction of Quran and doctrine of Fiqah-�Quran preferred to such doctrine by Usuli Shias-Quran permits marriage of a Muslim with a Kitabi woman.(d) Handwriting----Differences between disputed and admitted writings-Described by experts as "natural variations"-Cursory examination by Court revealing "obvious disparities"-"Risky" to base a finding of genuineness of writing on expert's opinion--�[Alleged divorce deed, without witnesses]-Evidence Act (1 of 1872), Ss. 45, 73.(e) Divorce---(Private International Law)-Divorce will be recognised as valid (in other countries) if law of domicile permits dissolution of marriage by pronouncement of talaq-[Marriage before Registrar of Marriages performed at Hull, England, between Pakistani and woman of German nationality]-[ Muhammadan Law-Talaq].As regards effect of a talaq (divorce) in the case of a marriage entered into in England according to English form the trend of modern authorities appears to be that if the law of the domicile permits a dissolution of marriage by the pronouncement of talaq, the divorce may be recognised as valid, under the rules of private International Law, in other countries as well.Halsbury's "Laws of England," Vol. 7, Third Edition, para. 200, p. 112 ; R. v. Hammersmith Superintendent Registrar of Marriages, Ex parte Mir-Anwaruddin (1917) 1 K B 634 (C. A.) ; Maher v. Maher (1951) P. 342 ; Russ v. Russ (1962) 2 W L R 708 ; Dicey's…