Law:

Section:

(a) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979) Ss. 7/11/14 Constitution of Pakistan (1973), Art.203F(2B) Leave to appeal was granted by Supreme Court to consider, if the charge of Zina was leveled against the wife by her husband along with the divorce, would it attract S.14 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, for undertaking the proceedings of Lian, and if the proceeding of Lian was not applicable in such a situation, could the husband be tried for the offence of Qazf. (b) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979) S. 14 Lian Application and scope Relationship of husband and wife must exist between spouses while lodging a charge of unchastity in Lian against wife or husband. Haji Bakhtiar Said Muhammad v. Mst. Dure e Shahwar and another PLD 1986 FSC 187; Haji Bakhtiar Said Muhammad v. Mst. Dur e Shahwar Begum and another 1989 SCMR 428; Manzoor Hussain v. Zahoor Ahmed and 4 others 1992 SCMR 1191; Capt. Abdul Ghafoor v. Federation of Pakistan through M/O Law, Justice and Parliamentary Affairs, Islamabad 1992 MLD 2326; Holy Qur'an Part 18 Surah Al Noor S.24:6 and Durr e Mukhtar (Ghayatul Owtar) ref. (c) Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979) Ss. 7/11/14 Lian proceedings not applicable after dissolution of marriage between the parties Complaint file by the respondent wife against the appellant under Ss.7/11 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, was pending before Trial Court Appellant during trial made an application for initiating proceedings under S.14 of the said Ordinance for Lian against the respondent which was accepted ¬Federal Shariat Court in Criminal Revision, however, set aside the said order vide the impugned Validity Federal Shariat Court had rightly observed that marriage between the parties having already been dissolved proceedings under S.14 of the aforesaid Ordinance could not be appropriately taken While lodging a charge of Zina against wife or husband, relationship of husband and wife between them must exist ¬Impugned having been based on valid and cogent reasons was entirely in consonance with the law laid down by Supreme Court and…

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