LALOO vs SENIOR SUPERINTENDENT OF POLICE, MIRPUR KHAS, SINDH Ss — 2023 PLD 53 KARACHI-HIGH-COURT-SINDH

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LALOO VS SENIOR SUPERINTENDENT OF POLICE, MIRPUR KHAS, SINDH Ss.11 & 14---Criminal Procedure Code (V of 1898), S. 561-A---Rule Nisi---Change of faith---Marriage without divorce---Recovery of wife---Petition to Court---Procedure---Petitioner's wife converted to Islam and contracted marriage with respondent without waiting for Iddat (intervening period)---Petitioner sought recovery of his wife and two minor daughters---High Court sent the wife to Darul Amann to remain there till decision of petition---Validity---High Court declared that marriage with respondent contracted during Iddat period was Fasid (irregular) and not Batil (void) and released the wife from Darul Amman and she could enter into Nikkah with respondent a fresh, if she so wished---High Court declared that if a married, non-Muslim woman embraced Islam, she was to file petition in Family Court for termination / dissolution of marriage and Family Court would summon her husband, inform him of her conversion, and would offer him to accept Islam, Family Court then would wait till expiry of her Iddat period for reply/decision of her husband---High Court further directed that if husband in response to offer embraced Islam within the period of Iddat, the marriage would continue but if he remained non-Muslim even after expiry of Iddat period, the Court could pass a decree of termination/dissolution of marriage and the woman, thereafter, would be free to marry a Muslim man if so, wished---High Court further directed that Iddat was compulsory after dissolution of marriage of any character and Iddat was imposed in order to provide an opportunity to non-Muslim husband to consider whether he wished to embrace Islam and also as a matter of public policy in order to ascertain whether the woman was pregnant by earlier husband, so as to avoid confusion of parentage---Family Court in case in such petition filed by women, fresh convert to Islam,[or a petition filed by parents or any guardian pleading forced marriage of their underage (below 18 years) daughter] would proceed to determine on evidence in each case whether the conversion or marriage was prima facie genuine (and was not forced), or only a pretext and decide accordingly---In the first case, findings would operate as a defense against criminal prosecution and in the latter, it would make the perpetrator of act, offender of law---High Court declined to interfere in the matter---Constitutional petition was dismissed accordingly.

LALOO vs SENIOR SUPERINTENDENT OF POLICE, MIRPUR KHAS, SINDH Ss — 2023 PLD 53 KARACHI-HIGH-COURT-SINDH

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