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P L D 1996 FSC 29

Per Nazir Ahmad Bhatti, C J.

(a) Constitution ofPakistan(1973), Article 203-DD
r/w Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979)—S. 5/10(2)—–

     It is thus evident that although there has been a  relationship between Petitioner No.2 and Mst. Wakeela in the past, as petitioner No.2 and Mst. Wakeela in the past, as petitioner No.2 was the wife of her father, however, after the death of her fatehr, petitioner No.2 is completely stranger to her having no relationship of consanginty, affinity and fosterage with her.  Hand petitioner No.2 been otherwise related to Mst. Wakeela with the aforementioned ties, her marriage with petitioner No. 1 in subsistence of his marriage with Mst. Wakeela would have been unlawful.  However, in the absence of any other relation.  Nikah of petitioner No.2 with petitioner No.1 cannot be held unlawful, as stated above, merely on the ground that petitioner No.2 has remained wife of the father of Mst. Wakeela.[p. 34]C

     Consequently for the reasons stated above, the inter se marriage of both the petitioner is valid and no case is made out against them under any provisions of petitioner is valid and no case is made out against them under any provisions of the Offence of Zina (Enforcement of Hudood) Ordinance, 1979.  Therefore, I allow this petitioner and set aside the impugned order dated3-8-1995passed by learned Additional Sessions Judge, Lohdran.  The said proceedings against them are quashed.[p. 34]D

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