QAMAR UD DIN vs S.H.O., POLICE STATION, SADDAR KASUR
This matter arises from a petition filed by the father of a major woman, Mst. Anwar Bibi, seeking a direction to the local police to register a criminal case under the Offence of Zina (Enforcement of Hadood) Ordinance, 1979 against Sohrab Khan, alleging that his daughter's subsequent nikah with Sohrab Khan was void due to a prior marriage to one Muhammad Rashid, and that she was living in adultery. The core legal question is whether the High Court should direct police registration of a criminal case regarding an allegedly void nikah and adultery when the validity of the prior marriage is disputed by the adult woman herself. The Supreme Court held that unless the prior marriage is established in a competent Family Court, it is inappropriate to direct the police to register a criminal case. The petition for leave to appeal was dismissed, reinforcing the principle that disputed questions of marital status must be resolved by a Family Court before criminal proceedings for Zina are initiated.
- Whether the police can be directed to register a case under the Offence of Zina (Enforcement of Hadood) Ordinance, 1979 when the existence of a prior marriage is disputed by the adult female?
- Must a prior marriage be established in a Family Court before initiating criminal proceedings alleging an invalid subsequent nikah and adultery?
- Does the rule in Muhammad Azam v. Muhammad Iqbal apply when a party alleges a subsisting prior marriage against the statement of the adult corpus?
- Offence of Zina (Enforcement of Hadood) Ordinance, 1979
SAAD SAOOD JAN, J.--The petitioner is the father of Mst. Anwar Bibi who is admittedly a major. On 28-10-1986 she married one Sohrab Khan. The petitioner alleges that on 28-10-1986 she was married to one Muhammad Rashid and as such her subsequent nikah with Sohrab Khan was void.
He further alleges that she is at present living with Sohrab Khan in adultery.
2. The petitioner moved the High Court for the issuance of a direction to the local police for the registration of a case under the Offence of Zina (Enforcement of Hadood) Ordinance, 1979 against Sohrab Khan, but his petition was dismissed. He now seeks leave to appeal from the order of the High Court.
3. It appears that Sohrab Khan had earlier applied to the High Court for the issuance of writ of habeas corpus for the release of Mst. Anwar Bibi from the allegedly illegal custody of the petitioner.
During the hearing of the petition she appeared in Court and denied that she was married to Muhammad Rashid; on the other hand .She stated that she was married to Sohrab Khan. On her request she was allowed to go with Sohrab Khan.
4. It will be noticed that the allegation of the petitioner that his daughter is living in adultery with Sohrab Khan is based on the premises that she was married to Muhammad Rashid prior to her nikah with Sohrab Khan. Mst. Anwar Bibi disputed that she was even married to Muhammad Rashid.
That being so, the rule laid down in the case of Muhammad Azam v. Muhammad Iqbal PLD 1984 S.C. 95 is attracted to this case. Unless her nikah with Muhammad Rashid is established in a Family Court it will not be appropriate to give a direction to the local police to register a case against Sohrab Khan. This petition is accordingly dismissed.