Case Details

Citation(s)
2000 SLG 918 2000 SLD 918 2000 SCMR 1179 2000 SLD 1330 2000 SCMR 1179
Supreme Court of Pakistan
Civil Petition for Leave to Appeal No. 1038 of 1999, decision dated: 13-07-1999.
SH. RIAZ AHMED AND MUNIR A. SHEIKH, JJ

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RASHAD NAZIR

VS

THE STATE and 3 others

Law:

Section:

Penal Code (XLV of 1860)--S. 342/365/506/452---Constitution of Pakistan (1973), Art. 185(3)--­Alleged victim, who was sui juris, had stated that she- had entered into contract of marriage with the man of her own free will but against the wishes of her parents.---Parents of alleged victim in retaliation had- got a case registered under 5.342/365/506/452, P.P.C. against the man and his relatives---Alleged victim filed Constitutional petition before High Court alleging that she had not been abducted and the allegations in the F.I.R. against her husband and his mother and others were baseless because she had on her own and without coercion entered into contract of marriage with the man---High Court ordered that during the pendency of Constitutional petition filed by the alleged victim, she be lodged in Darul Aman---Leave to appeal was granted by Supreme Court to consider as to whether a sui juris could be directed to live in Darul Aman against her wishes---Supreme Court directed that no further action shall be taken in pursuance of the F.I.R._ registered against the man and her relatives and suspended the operation of its, orders whereby direction was given that girl be sent to the house of her parents in case of reconciliation and also the order whereby it was observed by Supreme Court that in case reconciliation took place, the F.I.R. should be cancelled. Kh. Muhammad Farooq, Advocate Supreme Court for Petitioner. Raja Muhammad Bashir, Advocate Supreme Court for Respondent No.3. Ashtar Ausaf Ali, A.-G. for the State. Date of hearing: 13th July, 1999. ORDER SH. RIAZ AHMED, J.---The petitioner Rashad Nazir seeks leave to appeal against the order dated 7-6-1999 delivered by a learned Single Judge of the .Lahore High Court in Chambers whereby it was directed that during the pendency of the petition Mst. Shazia Rashid be lodged in Darul Aman. 2. The facts in brief giving rise to the institution of this petition are that Mst. Shazia Rashid entered into contract of marriage with the petitioner Rashad Nazir of her own free will being sui juris, but against the wishes of her parents. The parents of Mst. Shazia Rashid retaliated and got a criminal case registered under the…
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