1. ' Mst. Shakooran Bibi was married to Nazir Ahmad sometime in the year 1965-66. She filed a suit for maintenance for herself and her minor daughters on 18-5-1971, before the Judge Family Court, Okara. Nazir Ahmad appeared in the Court on 15-4-1979 and stated that according to the arbitration between the parties on 23-3-1972, he had divorced Mst. Shakooran Bibi the next day, i,e, on 24-3-1972, and at that time it was agreed that she would withdraw the suit. The Talaq has become effective. About the minor children, it was agreed that they shall remain with their mother.
2. However, the learned Judge Family Court decreed the suit for maintenance, both for Mst.
3. Shakooran Bibi as well as her minor children on 10-11-1980. During the hearing of his appal Mst.
4. Shakooran gave up the claim for her maintenance and the appeal was disposed of the allowing the minor children a sum of Rs, 100 as maintenance. This is, vide order, dated 17-12-1980. Nazir Ahmad then filed an application before the District Magistrate for registration of a case against his wife, her father, mother and Muhammad Younus, petitioner No, 2 saving that although through the intervention of the Panchqyat, he had divorced Mst. Shakooran but the latter had nohetheless applied for maintenance and the Civil Judge Okara, vide decree, dated 10-11-1980 had allowed her the maintenance on the basis that she was his wife. Since, she had married with Muhammad Younus, consequently, these persons are guilty of offence under the Zina Ordinance, because of the fact that Mst. Shakooran having been adjudged as his (Nazir Ahmad) wife, she could not have entered into, nor, given in marriage to Muhammad Younus. The accused persons applied for bail.
5. Excepting Mst. Shakooran Bibi and Muhammad Younus, they were allowed bail by the learned Additional Sessions Judge, Sahiwal, on 23-2-1981. Mst. Shakooran and Muhammad Younus have filed Crl. Misc. No, 183/B-81 for bail, whereas Nazir Ahmad has filed application bearing Crl. Misc : No, 211/13-81 for cancellation of to father, mother, etc. Of Mst. Shakooran Bibi. Both these matters shall be disposed of by this order.
2. Learned counsel for the petitioners has referred to the statement of Nazir Ahmad (Annexure 'C') as well as to the marriage contracted by him with Mst. Zainab Bibi on 4-4-1974 to point out that as stated by Nazir Ahmad, he had divorced Mst. Shakooran on 24-3-1972 and thereafter taking that as final, had himself got married with Mst. Zainab Bib on 4-4-1974. It is submitted that if the earlier marriage had not been finally dissolved, Nazir Ahmad could not have got married with Mst. Zainab Bibi, or otherwise he would himself be liable. Nazir Ahmad is present in Court with his counsel. He had said that according to the decision of the Punchayat, on 23-3-1972, he had divorced Mst.
6. Shakooran Bibi on 24-3-1972 and also that thereafter he had got married with Mst. Zainab Bibi on 4-4-1974.
3. From the statement of facts made above, it would appear that the petitioners Mst. Shakooran and another are clearly entitled to bail and, therefore, their application Crl. Misc. No, 183/B-81 is allowed. They B shall be released on bail, provided they furnish security in the sum of Rs, 5,000 (Rupees five thousand only) each with one surety each in the like amount to the satisfaction of A.
7. C. Okara.
8. ' The application on behalf of Nazir Ahmad (Crl. Misc. No, 211/B-81) for cancellation of naturally fails and is, accordingly, dismissed.