MISBAH vs SENIOR SUPERINTENDENT OF POLICE, DISTRICT MUZAFFARABAD art — 2022 PCrLJ 484 HIGH-COURT-AZAD-KASHMIR

Case information

Citation: 2022 PCrLJ 484 HIGH-COURT-AZAD-KASHMIR
Year: 2022
Reporter: PCRLJ
Parties: MISBAH vs SENIOR SUPERINTENDENT OF POLICE, DISTRICT MUZAFFARABAD art
Subject matter: Criminal

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

MISBAH VS SENIOR SUPERINTENDENT OF POLICE, DISTRICT MUZAFFARABAD art. 44---Writ petition---Quashing of FIR---Runaway marriage---Scope---Normally FIRs are not quashed; however, in the cases where it is found that a sui juris lady contracted Nikah with her free consent and FIR has been registered against such couple on account of revenge, then such like FIRs ought to be quashed in order to secure the ends of justice because marriage is a civil contract and every Muslim of sound mind, who has attained puberty, can enter into contract of marriage and according to the Injunctions of Islam, the consent of adult sane couple is sufficient for proving a valid Nikah and according to principle of Islamic Law the presumption of valid marriage can be ascertained from the fact of acknowledgment by a man or a woman as husband and wife; however, it is void only when it is solemnized without his/her consent.

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