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1989 P Cr. L J 1717

RIASAT ALI vs MUHAMMAD ASHGAR

Citation1989 P Cr. L J 1717
CourtLahore High Court
Case No.Criminal Miscellaneous No, 682/H of 1988
Date1988-12-20
Judge(s)Sh. Ijaz Nisar
ResultDetenu set at liberty

ORDER

1. ' In order to test the genuineness of the petitioner's Nikah with Mst. Naseem Akhtar I had summoned Dost Muhammad Nikah Khawan who appeared on 4-12-1988 along with the relevant register and categorically stated having solemnized Nikah between Riasat Ali and Mst. Shamim Akhtar on 1-8- 1988.

2. Learned counsel for the respondent has challenged the genineness of the said Nikahnama and stated that it did not bear the thumb-impression of Mst. Naseem Akhtar and requested for sending it to Finger Print Bureau for comparison in the interest of justice. The said request was granted and her thumb-impression on the Nikahnama was ordered to be compared with her thumb- impressions obtained in Court. According to the S.P. Technical Services, Crimes Branch, Lahore the impression on the Nikahnama is identical with the left thumb specimen impression of Nasim Akhtar on the basis of charactertistic points of identity. The statement of Mst. Naseem Akhtar has also been recorded. She has supported the petitioner and has confirmed the genuineness of her Nikah with Riasat All which is prior in time than her Nikah with Muhammad Asghar respondent. She has expressed the desire of accompanying Riasat Ali petitioner.

2. "Statement of Mst. Naseem Akhtar resident of Jambar Callan Tehsil Chunian District Kasur on S.A.

3. My Nikah with Riasat Ali was performed about four months back in Lahore. I am living happily with him. My father brought me back on the occasion of the marriage of my brother where after he did not allow me to go to the house of Riasat All and sent me to the house of Muhammad Asghar respondent against my wishes declaring that my Nikah had been performed with him. I had never consented to the said Nikah. He has been torturing me during my stay for two months in his house.

4. I was recovered from there by a Bailiff. My Nikah with Riasat All is genuine and I want to accompany him. In no circumstance, I will accompany Muhammad Asghar respondent."

5. She is sui juris and prima facie there is nothing to doubt her assertion, I grant the petition and set her at liberty. She may accompany Riasat All petitioner or any of her relations. The respondent may pursue his legal remedy in Family Court or Civil Court. .

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