Through this Constitutional Petition, Muhammad Yousaf petitioner seeks direction for the - registration of a criminal case under the Offence of Zina (Enforcement of Hudood) Ordinance, 1979, against Mst. Manzooran Mai and Muhammad Shafqat, respondents Nos.1 and 2.
2. The allegations are that. After the dissolution of marriage of Mst. Manzooran Mai with the petitioner, the latter filed writ petition in the High Court against the judgment and decree of the dissolution of marriage and the High Court had restrained Mst. Manzooran Mai from contracting second marriage. Despite the stay order granted by the High Court, Mst. Manzooran Mai contracted second marriage with Muhammad Shafqat. The learned counsel was of the view that the second marriage of Mst. Manzooran Mai with Shafqat, respondent No.2, being violative of the stay order granted by the High Court, was not valid marriage and, as such, the respondents are committing Zina.
3. I have considered the matter carefully. The High Court has not suspended the operation of the decree of the dissolution of marriage, so the respondents, at the worst, have committed contempt of the Court and their marriage in the circumstances of the case may not be void. So, no direction for the registration of the case under section 10 of the Offence of Zina (Enforcement f of Hudood)
Ordinance, 1979, can/should be given. ,
4. Pursuant to the above discussion, the petition fails and is dismissed in limine.