ORDER AHMAD SAEED AWAN, J.- Through this petition, the petitioners pray for quash ment of FIR No.78/99 under Section 11 of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979 with Police Station Bahanwala.
2. The main ground urged in support of the petition is that Mst. Fatima Bibi petitioner No. 1, being a sui juris has contracted marriage with her accord and free consent with Mahmood Ahmad Petitioner No. 2.
3. I have heard the learned counsel for the parties and have perused the record with their able assistance.
4. Learned counsel for the complainant was unable to controvert that Mst. Fatima petitioner No. 1 being sui juris has a right to contract marriage according to her on free will and accord.
5. According to Muhammadan Law, marriage is not sacrament but a civil contract, as held by their Lordships of Supreme Court of Pakistan in case Khurshid Bibi versus Muhammad Amin (PLD 1967 S.C.97). Section 251 of Muhammadan Law provides that every Muslim of sound mind who has attained the puberty may enter into a contract of marriage, it is only void if it is brought about without his/her consent. Similarly, the ingredients of valid marriage have been detailed in Section 252 of the Muhammadan Law which reads as under: i. Proposal of acceptance of the parties.
Ii. Witness to Nikah. i.e. Dower.
6. The fact of acknowledgement by the man of the woman as his were is accepted to be a valid marriage. This is provided under Section 268 (C) ol/the above referred law.
7. In view of what has been discussed above, I am of the view that continuation of proceedings on the basis of FIR amounts to abuse of process of law and humiliation to the spouses. Resultantly, writ petition is accepted and FIR No.78/1995 under Section 11 of the Offences of Zina (Enforcement of Hudood) Ordinance, 1979 with Police Station Bahanwala is quashed.