‘Criminal law in matrimonial issues is abuse of law’

Staff Report

LAHORE: Lahore High Court Justice Asif Saeed Khan Khosa observed on Wednesday that the use of criminal law in matrimonial cases is an abuse of law.

He said this while hearing an abduction first information report (FIR) registered against a petitioner who contracted love marriage. The petitioner, Ghulam Mohyuddin, through counsel, Mazhar Ali, submitted that he had contracted marriage with Anam Rehman on September 30 with her free will, however, her family had gotten a fake abduction case registered against him. Anam appeared before the court and recorded her statement, contending that she was over 19-years-old, had not been abducted and had married the petitioner without force.

The investigation officer also endorsed the nikahnama, which was properly registered and supported the petitioner’s argument for the quashing of the FIR.

Justice Khosa, while quashing the FIR, observed that a matrimonial issue had been turned into a criminal case to bring the weight of the law upon the couple to pressure them. “Such a utilisation of criminal law and process has been found by me to be nothing but an abuse of the process of law which can not be perpetuated,” the judge held.


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