P L D 2020 Islamabad 443
Accused had contracted second marriage with the younger daughter of complainant after pronouncement of talaq to his first wife---Younger daughter of complainant had stated before the Investigating Officer that she had contracted marriage with the accused of her free will---Prima facie, the element of abduction was not proved---Husband marrying during iddat period could not be made liable for consensual zina under S.10(2) of Offence of Zina (Enforcement of Hudood) Ordinance, 1979, along with his marriage partner---Marriage of accused with younger daughter of complainant might be irregular but the same could not be treated as void---No evidence was available on record to show that the accused persons had tampered with the prosecution evidence or misused the concession of bail---Petitions for cancellation of bails were dismissed, in circumstances.
----Marriage with wife's sister during the subsistence of the previous marriage is only "Fasid" (invalid) and not "Batil" (void).
----Marriage---Iddat period---Scope---Unlawful conjunction by way of marriage during iddat period renders the marriage irregular and not void and an irregular marriage becomes regular the moment the bottleneck is removed i.e. iddat period expires.
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