ZUBAIR vs SENIOR SUPERINTENDENT POLICE, JHELUM VALLEY Marriage — 2023 PLD 89 HIGH-COURT-AZAD-KASHMIR

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ZUBAIR VS SENIOR SUPERINTENDENT POLICE, JHELUM VALLEY Marriage---Scope---Marriage among Muslims is in the nature of a civil contract---Such a contract undoubtedly has spiritual and moral overtones and undertones but legally, in essence, it remains a contact between the parties which can be the subject of dissolution for good cause. Head NotesCase Description Citation Name: 2023 PLD 89 HIGH-COURT-AZAD-KASHMIRBookmark this Case ZUBAIR VS SENIOR SUPERINTENDENT POLICE, JHELUM VALLEY Ss. 11, 16 & 19---azad Jammu and Kashmir Interim Constitution act (VIII of 1974), art. 44---Writ petition---Quashing of FIR---Scope---accused persons sought quashing of FIR registered against them under Ss. 11, 16 & 19 of the azad Jammu and Kashmir Offence of Zina (Enforcement of Hudood) act, 1985 ---Main accused had not stated a single word about his marital ties with the victim and had simply alleged that he had been falsely implicated in the criminal case while at arguments stage, he had taken an abrupt U-turn and had come forward with the stance that he was husband of victim (who was stated to be pregnant) and also claimed to be father of a daughter aged 02 years from the wedlock---Nikah of victim with one of the respondents was an admitted fact while rest of the subsequent story was shrouded in mystery which required detailed evidence, probe and investigation which was not a job of the High Court---Investigation agency was allowed to probe into the matter in order to dig out the veracity of allegation, however, the accused persons could exhaust multiple statutory remedies available to them---Writ petition was dismissed. Head NotesCase Description Citation Name: 2023 PLD 89 HIGH-COURT-AZAD-KASHMIRBookmark this Case ZUBAIR VS SENIOR SUPERINTENDENT POLICE, JHELUM VALLEY aggrieved---Meaning. Head NotesCase Description Citation Name: 2023 PLD 89 HIGH-COURT-AZAD-KASHMIRBookmark this Case ZUBAIR VS SENIOR SUPERINTENDENT POLICE, JHELUM VALLEY S. 154---azad Jammu and Kashmir Interim Constitution act (VIII of 1974), art. 44---Writ petition---Information in cognizable cases---Eventualities where an FIR can be quashed, detailed. Head NotesCase Description Citation Name: 2023 PLD 89 HIGH-COURT-AZAD-KASHMIRBookmark this Case ZUBAIR VS SENIOR SUPERINTENDENT POLICE, JHELUM VALLEY S.154---azad Jammu and Kashmir Interim Constitution act (VIII of 1974), art. 44---Writ petition---Quashing of FIR---Scope---It is not a rule to decline interference in a extraordinary jurisdiction by shutting the door of Court qua quashing of an FIR in a mathematical manner, but it varies from case to case, and if facts of the case demand and extraordinary circumstances are oozing from the record High Court can move ahead to rescue the person from such a situation. Head NotesCase Description Citation Name: 2023 PLD 89 HIGH-COURT-AZAD-KASHMIRBookmark this Case ZUBAIR VS SENIOR SUPERINTENDENT POLICE, JHELUM VALLEY Locus standi---Meaning. Head NotesCase Description Citation Name: 2023 PLD 89 HIGH-COURT-AZAD-KASHMIRBookmark this Case ZUBAIR VS SENIOR SUPERINTENDENT POLICE, JHELUM VALLEY Divorce---Scope---Holy Quran declares that women have rights against men, similar to whose that the men have against women according to well-known rules of equity---Husband should either retain his wife, according to well-recognized custom or release her with grace---Word of Allah enjoins the husband not to cling to the woman, in order to cause her injury---Furthermore a hadith declares that "Let no harm be done, nor harm be suffered". Head NotesCase Description Citation Name: 2023 PLD 89 HIGH-COURT-AZAD-KASHMIRBookmark this Case ZUBAIR VS SENIOR SUPERINTENDENT POLICE, JHELUM VALLEY art. 44---Constitution of Pakistan, art. 199---Criminal Procedure Code (V of 1898), Ss. 154 & 561-a---Writ petition---Quashing of FIR---Scope---High Court should not interfere with the normal course of trial and quash the criminal proceedings under article 199 of the Constitution or S. 561-a, Cr.P.C. Head NotesCase Description Citation Name: 2023 PLD 89 HIGH-COURT-AZAD-KASHMIRBookmark this Case ZUBAIR VS SENIOR SUPERINTENDENT POLICE, JHELUM VALLEY aggrieved party---Meaning. Head NotesCase Description Citation Name: 2023 PLD 89 HIGH-COURT-AZAD-KASHMIRBookmark this Case ZUBAIR VS SENIOR SUPERINTENDENT POLICE, JHELUM VALLEY art. 44---Writ petition---Locus standi---Scope---In the absence of locus standi and legal grievance, no one can ask for indulgence of High Court in its extraordinary writ jurisdiction. Head NotesCase Description Citation Name: 2023 PLD 89 HIGH-COURT-AZAD-KASHMIRBookmark this Case ZUBAIR VS SENIOR SUPERINTENDENT POLICE, JHELUM VALLEY Marriage---Scope---Husband is given the right to divorce his wife, though of course arbitrary divorces are discountenanced---There is a saying of the Holy Prophet (Peace And Blessings Be Upon Him And His Family) to the effect that "the most detestable of lawful things in Allah's view is divorce"---Similarly, the wife is given the right to ask for khula in cases of extreme incompatibility. Head NotesCase Description

ZUBAIR vs SENIOR SUPERINTENDENT POLICE, JHELUM VALLEY Marriage — 2023 PLD 89 HIGH-COURT-AZAD-KASHMIR

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