Friday, 10 August 2012

Interpretation of Article 203-DD of Constitution

Section 14 of Hadood Ordinance interpreted along with Constitutional Articles in this judgment of Federal Shariat Court...

  Citation Name  : 2010  PCrLJ  142     FEDERAL-SHARIAT-COURT
  Side Appellant : Mst. DURR-E-SHAHWAR BEGUM
                        Ss. 7 & 14---Constitution of Pakistan (1973), Art.203-DD---Trial Court, after inquiry under S.202, Cr.P.C. in the private complaint, had framed the charge against the accused respondent under S.14 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, instead of S.7 thereof on the ground that accused had levelled the charge of adultery and of bad character against the complainant petitioner during subsistence of marriage between them and not after the divorce---Validity---Matrimonial relationship between the parties had ended when the accused had divorced the complainant and executed divorce deed, as conceded by him in his written statements filed in the maintenance and dowry suits of the complainant before the Family Court---Section 14 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, thus, was not attracted to the facts of the case---Complainant and accused were just a woman and a man and not a wife and husband, when the accused in his said written statements and also before his elder brother and a Punchayat in his own house, had allegedly made imputation of Zina against the complainant explicitly stating that all of her three child ren were illegitimate ---Action of accused, therefore, had clearly attracted the provisions of Ss.6 & 7 of the Offence of the Qazf (Enforcement of Hadd) Ordinance, 1979---Impugned order of Trial Court was consequently set aside being untenable and the case was remanded to the said Court with the direction to frame the charge under Ss.6 & 7 of the Offence of Qazf (Enforcement of Hadd) Ordinance, 1979, and proceed with the case in accordance with law---Revision petition was accepted accordingly.

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