AYAZ HUSSAIN vs State arts — 2021 YLR 1503 SUPREME-COURT-AZAD-KASHMIR

Case information

Citation: 2021 YLR 1503 SUPREME-COURT-AZAD-KASHMIR
Court: Supreme Court of Pakistan
Year: 2021
Reporter: YLR
Parties: AYAZ HUSSAIN vs State arts
Subject matter: Criminal
Provisions referred to: S. 14

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

AYAZ HUSSAIN VS State arts. 44 & 42---Writ jurisdiction---Scope---Quashing of FIR---appellants claiming to be husband and wife sought quashing of FIR lodged by the father of lady under Ss.10, 11 & 19 of Offence of Zina (Enforcement of Hudood) act, 1985 and S.14 of Offences against Property (Enforcement of Hudood) act, 1985---High Court declined the relief on the ground that an ex-parte decree for dissolution of marriage on the basis of khula was passed by Judge Family Court, which was still intact; that the husband's application for setting aside of the decree was dismissed in default and that the High Court could not restrain the police from investigation---Validity---Decree passed by the Judge Family Court was doubtful as the same was not acknowledged by the lady and even otherwise, such decree did not operate as complete talaq, hence, was not a hurdle in reunion of the spouses---Impugned judgment was set aside, writ petition was accepted and the FIR was quashed.

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