Citation Name :
2010 SCMR 681
SHARIAT APPELLATE JURISDICTION
Side Appellant :
Haji BAKHTAWAR SAID MUHAMMAD
Side Opponent : Mst.
DUR-E-SHAHWAR BEGUM
Ss.
6, 7 & 14---Constitution of Pakistan (1973), Art.203-F(2B)---Trial Court
had refused to frame the charge under section 7 of the Offence of Qazf
(Enforcement of Hadd) Ordinance, 1979, on the ground that the petitioner had
levelled the charge of adultery etc. against the respondent during the
subsistence of marriage and that the dispute being between husband and wife,
S.14 of the said Ordinance was attracted in the case---Federal Shariat Court
accepting the revision petition filed by the respondent set aside the order of
Trial Court and remanded the case with the direction to frame the charge under
Ss.6 & 7 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, and
proceed with the case in accordance with law-Validity-Relationship of husband
and wife (between the parties) had admittedly come to an end on the day when
the petitioner had divorced the respondent and executed the divorce
deed---Facts disclosed by the petitioner in his evidence adduced during
preliminary inquiry under S.202, Cr.P.C. had revealed that the petitioner and
respondent were just a man and a women and not husband and wife, when the
petitioners in his three written statements, before his elder brother and
allegedly also before a Punchayat in his own house, had made imputation of Zina
against the respondent and explicitly alleged that all of her three children
were illegitimate children---Action of petitioner, therefore, had clearly
attracted the provisions of Ss.6 & 7 of the Offence of Qazf (Enforcement of
Hadd) Ordinance, 1979, and there was no question of S.14 of the said Ordinance
being attracted in the case---Leave to appeal was refused to petitioner by
Supreme Court accordingly.
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