PESHAWAR, July 12: The Peshawar High Court on Wednesday quashed a Hudood case against a woman of the Karak district, who had married of her own free will.
A division bench comprising Chief Justice Tariq Pervez Khan and Justice Muhammad Raza Khan accepted a petition filed by Ms Basreena, challenging a case registered against her husband Salahuddin by her mother under the Offence of Zina (Enforcement of Hudood) Ordinance 1979.
Mr Salahuddin has been charged with attacking the house of his mother-in-law, injuring some family members and forcibly taking away the petitioner.
Petitioner’s counsel Asthagfirullah Khan contended that initially the FIR was lodged by petitioner’s mother Hayat Begum on Sept 14, 2005, against Salahuddin. Later, he said, Basreena was made co-accused on the basis of a medial certificate showing she had become pregnant before her nikkah.
Mr Salahuddin said the woman had left the house of her parents of her own free will and married him in September.
On Feb 11, the lawyer said, police produced the woman before the court of an additional district and sessions judge who ordered that she should be shifted to Darul Aman.
He said she was made the co-accused and sent to prison after her medical examination which showed that the duration of her pregnancy did not correspond with her nikkah.
However, he said, she was granted bail by the sessions court while her husband was released on bail by the high court on April 7.