' Through this Constitutional petition Sajida Bibi (daughter of Nazir Hussain) petitioner has sought the quashment of F.I.R. No,748/94, dated 14- 11:1994 registered at Police Station Jaranwala, District Faisalabad against her and her husband Muhammad Afzal.
2. The facts of this case which led the petitioner to file this writ petition, briefly, are that the petitioner being the daughter of Nazir Hussain was living along with her father who engaged her with one Muhammad Afzal son of Muhammad Hussain of Mohallah Nizamabad, Tehsil Wazirabad since her childhood. The marriage was to take place within a period of 2/3 months but differences arose between the parties and respondents Nos.2 to 8 persuaded her father to demand a huge amount of money from Afzal as marriage expenses likely to be incurred on the ceremony. On the inability by her fiance to foot this exorbitant bill the father intended to forcibly marry her with same old man for a huge amount. Smelling this foul play she left her house on her own accord and went to Wazirabad where the petitioner and Afzal validly married each other, vide Nikahnama, dated 8- 11-1994 (copy placed on the file).
3. The petitioner was personally summoned to appear and she informed the Court that she was of the age of 16/17 years, was sui juris and had married with Afzal of her free-will, no coercion or undue influence was practised on her neither she was ever abducted by Afzal nor by anyone else and that she was pregnant and her pregnancy was at advanced stage. In support of her contentions she also submitted a medical certificate issued by the Medical Superintendent, Tehsil Headquarters, Wazirabad which showed that her age was between 16/17 years. She had also sworn an affidavit to the effect that she was not abducted by Afzal and she has married with Afzal out of her free-will.
4. Learned counsel for the petitioner has referred to Ghulam Qadir v. The Judge, Family Court, Murree and another 1988 CLC 113 which lays down that according to Muslim Law every Muslim of sound mind who has attained puberty may enter into a contract of marriage and shall be presumed to have attained puberty on completion of the age of fifteen years in the absence of evidence to the contrary. According to this authority provision of section 2(vii) of Dissolution of Marriages Act, 1939 has not laid down that a female at the age of 16 years attains puberty. It simply enables a girl to exercise the option of puberty when she attains the age of 16 years.
5. It is submitted by the learned counsel for the petitioner that the petitioner is sui juris and had contracted marriage with Afzal in the presence of witnesses. No coercion or undue influence was ever practiced. The petitioner had made it clear not once but rather on a number of times by putting personal appearance before this Court. Her medical examination clearly establishes that she is of 15/16 years of age. A woman who has attained puberty is competent in law to enter into a valid marriage. Therefore there is no question of any abduction or illicit liaison with anyone and no bases were available either to the police or the complainant to get the case registered.
6. Refuting the above arguments it was pointed out by the learned counsel for the respondents that the certificate of her age given to the petitioner by the Medical Superintendent, Tehsil Headquarters Hospital, Wazirabad has failed to depict the clear picture. She was on 10/11 years of age and she had been abducted by Afzal and others.
7. Arguments have been heard rather at length and record perused.
8. Case F.I.R. No,748/94, dated 14-11-1994 was registered at the instance of the father of the petitioner that the accused named therein had abducted Mst. Sajida Bibi and also deprived the complainant of ornaments and other valuables of a considerable value. This was recorded on 14- 11-1994. The subsequent events, however, on the face of it, show that the petitioner was sui juris and had already married with Afzal of her own accord on 8-11-1994. This, therefore, clearly proves that there was no basis for the registration of this case. The petition is, therefore, allowed and the F.I.R. Is quashed. Bail file shall be remitted to the Court concerned.