Find a Lawyer

Criminal Miscellaneous No. 232/Q of 1976, decided on 20th April 1976.

‑‑ S. 100 read with S. 561‑A‑Quashment of proceedings‑Search warrant issued by Magistrate on oral assertion of pretending husband and without requiring him to produce nikahnama--- Warrant, held, issued without any basis or justification‑Proceedings initiated under S. 100, Cr. P. C. quashed, in circumstances.‑ [Quashment of proceedings].

M. R. Chughtai for Petitioners.

Rana Muhammad Sarwar for Respondent.

Z. H. Raja for the State.

The petitioners have produced the girl in question, i. e., Mst. Manzoor Bibi.

2. The facts giving rise to the present petition for quashment have al ready been given in my order of the previous date. From a perusal of the record since received. I find that the basis on which search warrant had been issued by the learned Magistrate under section 160, Cr. P. C. for recovery and production of Mst. Mumtaz Begum was the oral assertion of Haq Nawaz that he was the husband of Mst. Mumtaz Begum, the marriage having been performed during the minority and that she had been living with him in conjugal relations for the last four years. In support of this assertion, be bad filed an agreement purported to have been executed between him and the said Mst. Mumtaz on 10‑12‑1975 incorporating her admission of the fact of that marriage. This to my mind was not sufficient to raise a presumption as to the subsistence of the marriage. The Muslim Family Laws Ordinance, which has been in force since 1961 envisages that a marriage performed should be registered. No nikahnama had been produced. I, therefore, find no satisfactory basis for the learned Magistrate having issued the warrant.

3. Since the girl herself is present and has been duly identified by the parties, despite the discrepancy in the name as given by her and as contained in Haq Nawaz's application under section 100, Cr. P. C. I have recorded her statement, which she has willingly made before this Court:

Statement of Mst. Manzoor Bibi, daughter of Ghulam Muhammad, aged 12 years and 8 months, resident of Kotli Bhatta, Tehsil Kabirwala, District Multan, on solemn affirmation:‑

My name is Manzoor Bibi and not Mumtaz Begum. I was not married to Haq Nawaz (points out to Haq Nawaz respondent). In fact I am not married to anyone.

R. O. & A. C. (Sd.) M. S. H. Qureshi,

Judge.

4. As already held by me, the material before the learned Magistrate did not justify the issuing of the warrant. The position has become all the more clear by the statement made by the girl. I have, therefore, no hesitation in quashing the proceeding started before the learned Magistrate on the application filed by Haq Nawaz under section 100, Cr. P. C. I order accordingly.

Proceedings quashed.

Find a Lawyer Near You

Dealing with a matter like this? Connect with a verified advocate in your city — free on SJP Lawyers Directory.