Muhammad Ramzan vs State Ss — 2025 MLD 1534 FEDERAL-SHARIAT-COURT

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Muhammad Ramzan VS State Ss. 6, 7 & 14---Charge, framing of---Scope---Application was filed by the petitioner for amending the charge of "lian" but the Trial Court had refused to amend the charge on the ground that the petitioner had earlier raised the same subject matter before the Trial Court as well as before the High Court, which had been dismissed by the Trial Court and High Court---Validity---Perusal of record transpired that petitioner, in response to suit for maintenance instituted by respondent in the Family Court, filed written statement wherein he categorically disowned baby "M" who was alleged to be an illegitimate child of respondent---Petitioner also claimed that the marriage between the petitioner and respondent had never consummated and denied her maintenance---In order to disprove his relation with said baby "M", the petitioner also filed application for conducting D.N.A. test in the Family Court, which was dismissed---Said order also reflected that the petitioner had also delivered the copy of divorce deed to the respondent---Thereafter, in his statement before the Family Court, the petitioner again in categorical terms stated the he had already divorced the respondent---Therefore, the contention of the petitioner regarding existence of marriage between the petitioner and respondent did not find any support from the record---In the circumstances, S.14 of the Qazf Ordinance concerning Lian would not be applicable to the case, as the marital relationship had already been dissolved long before the filing of the application, which appeared to have been made solely to inflict mental agony and distress upon the respondent---Since S.14 of Qazf Ordinance was procedural in nature, it could not form the basis for framing a charge against an accused person---Courts framed charges under those provisions of law that prescribed punishments, not under the Sections that merely laid down procedural guidelines---Complaint was lodged by respondent under Ss. 3 and 7 of the Qazf Ordinance, the Trial Court had rightly framed the charge under S.7 of the Qazf Ordinance---Therefore, the contention raised by the petitioner regarding the applicability of S.14 of the Qazf Ordinance was misconceived and devoid of merit---Criminal Revision Petition having no merits was dismissed in limine.

Muhammad Ramzan vs State Ss — 2025 MLD 1534 FEDERAL-SHARIAT-COURT

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