Mst. FAIZ ELLAHI GUL MOHAMMAD vs GUL MUHAMMAD AND 4 Other WAHID — 1972 SCMR 445

Citation: 1972 SCMR 445

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: Mst. FAIZ ELLAHI GUL MOHAMMAD vs GUL MUHAMMAD AND 4 Other WAHID JUDGMENT

Headnotes

Case cited as 1972 SCMR 445

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Sajjad Ahmad Jan Title:Mst. FAIZ ELLAHI GUL MOHAMMAD vs GUL MUHAMMAD AND 4 Other WAHID JUDGMENT Reported As: 1972 SCMR 445 Result: Petitions dismissed Judgment JUDGMENT SALAHUDDIN AHMED, J.-Both these petitions are heard together as they arise out of two cross- cases and the occurrence took place on the same day over the abduction of the same girl. Petition No. 102/72 Son of petitioner Gul Muhammad had married Mst. Zahoor Illahi, daughter of respondent Wahid Bakhsh but after some time the relations between the spouses got strained and there was divorce. Mumtaz Hussain deceased in the cross-case claimed to be the husband of Mst. Amir Mai, daughter of the petitioner. She disputed the marriage with Mumtaz Hussain and accordingly she filed a declaratory suit which was pending at the time. On 30-8-1969 at about 10 a.m. She was present in her house along with her parents and her brother Irshad Hussain when suddenly the accused- respondents, who were all armed with sticks, and Mumtaz Hussain deceased who was armed with a hatchet broke into the house and tried to forcibly carry away Mst. Amir Mai. Gul Mohammad and his wife and their son Irshad intervened and were injured. The alarm raised by the inmates attracted some other witnesses. A fight ensued between the parties and it resulted in injuries to both the parties. The petitioner's party succeeded in securing the release of Mst. Amir Mai, and…

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