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Criminal Miscellaneous No. 422-B of 1983, decided on 13th April, 1983
--S. 497/498-Offence of Zina (Enforcement of Hudood) Ordinance (VII of 1979), Ss. 10 & 16-Bail - Accused (woman) obtaining ex parte decree of dissolution of marriage which got set aside ex parte by her husband-Woman marrying another man-Question whether accused believed other man to be her husband when she contracted marriage with him when decree of dissolution with first husband had already been set aside, held, a question of further inquiry-Bail granted.
M. M. Jamal for Petitioner.
Naeem Rashad for the State.
Mst. Nooran obtained an ex parte decree of dissolution of marriage on 8-12-1982. Sadiq got this ex pane decree set aside on 20-12-198 which order itself was ex parte. Mst. Nooran is said to have married Riaz on 12-3-1983. The question for determination will be whether on 12-3-1983 when the decree of dissolution was/has already been set aside ex parte, she believed Riaz her co-accused to be her husband or not. This is a question of further inquiry. The petitioner is, therefore, allowed bail in the sum of Rs. 10,000 (Rupees ten thousand) with one surety in the like amount to the satisfaction of A. C. Mailsi.
M. Y. H. Bail granted.
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