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1993 P Cr. L J 1219

Mst. MEHRAJ BIBI and others vs S.H.O. and another

Citation1993 P Cr. L J 1219
CourtLahore High Court
Case No.Writ Petition No,7438 of 1992
Date1993-01-12
Judge(s)Raja Afrasiab Khan
ResultRevision dismissed

ORDER

1. ' Mst. Mehraj Bibi, Liaqat Ali, Jehangir and Mst. Sakina Bibi, have instituted this petition with a prayer for quashment of the F.I.R. No,192/92 having been registered against them with Police Station Gogera, District Okara, on the statement of Safdar All son of Mahla. Case of the petitioners is that Mst. Mehraj Bibi and Liaqat Ali are a legally-wedded husband and wife. In this respect, the learned counsel has relied upon Nikahnama, dated 18-12-1991 having been executed by them vide Annexure "A". It is contended by the learned counsel that in presence of the said Nikahnama, no criminal case could have been registered by the police against the petitioners under section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979. The learned Law Officers and the learned counsel appearing on behalf of the contesting respondent submit that Mst. Mehraj Bibi is already married to Muhammad Saee and that she was not at all competent to marry Liaqat Ali on 18-12-1991. It is also stated by the learned counsel that the petitioners had earlier filed a writ petition before this Court seeking a direction against the police not to take law into their own hands. It is evident that there are two claimants of Mst. Mehraj Bibi i,e. Muhammad Saee and Liaqat Ali. The question whether Mst.Mehraj Bibi is legally-wedded wife of Muhammad Saeed or Liaqat Ali is primarily to be determined by the learned Judge Family Court on the basis of evidence. In these proceedings, this disputed question of fact cannot be determined by this Court. Any of the parties, who claim to be husband of Mst. Mehraj Bibi may institute proper proceedings before the competent Court for determination of the matrimonial affairs between them on the basis of evidence. This being so, no case for interference has been made out.

2. At this stage, a statement has been made by Mst. Mehraj Bibi that she has married Liaqat Ali and that she wants to accompany her husband. She appears to be sui juris. She, therefore, may go

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