Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------S. 498---Penal Code (XLV of 1860), Ss.420/468/471---Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss.10, 7 & 9---Christian Marriages Act (XV of 1872), Ss.4 & 5---Constitution of Pakistan (1973), Art.35---U.N. Convention on Elimination of all Forms of Discrimination Against Women, Art.16---Pre-arrest bail, confirmation of---Protection of family---Female petitioner contended that she was a legally wedded wife of the male petitioner, she was sui juris and that no offence whatsoever had been committed by her---Complainant had stated before the Additional Sessions Judge that the marriage in question was fake and the Father Reverend alleged to have performed the Nikah had no licence to perform the 'Nikah in terms of Christian Marriages Act, 1872 and that the petitioners (female and male) had committed Zina---Validity---Both the petitioners having stated that they were married, the condition precedent for the offence alleged, prima facie; did not exist---Article 35 of the Constitution of Pakistan (1973) and Art. 16 of the U.N. Convention on Elimination of all Forms of Discrimination Against Women had mandated to provide protection to the marriage and the institution of family by the State---Prosecution launched against the petitioners, prima facie reflected not only malice in fact but also malice in law---Petition for confirmation of pre-arrest bail to the petitioners was confirmed by the High Court. (b) Christian Marriages Act (XV of 1872)--- ----Ss. 4 & 5---Every marriage between persons "one or both of whom is or are a Christian or Christians, shall be solemnized in accordance with the provisions of S.5 of the Christian Marriages Act, 1872 and any such marriage solemnized otherwise than in accordance with such provisions shall be void---Marriage primarily was a union between two sui juris individuals the non-performance of rituals would not invalidate the marriage particularly when the person who performed the marriage had placed on record the requisite authorization. Consterdine v. Samina AIR 1918 Low. Bur. 83 ref. (c) Christian marriage--- ---- Defined. Stroud's Judicial Dictionary ref.…

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