Mst Noori and Rahim vs State

I have released the appellant on bail because I shall not permit transaction of buying and selling of a woman whatever the custom's in a community

may be. A custom which is immoral and opposed to public policy should not be recognized by a court of law. In the present case the complainant

Fattah's case of enticing away a married woman under Section 498 Ranbir Penal Code alleged that he had married Mst. Noori. Whatever the

ceremony of marriage may be the previous transaction was such that I hold that Mst. Noori was not free from her previous marriage with one

Anwar. It was so arranged that while she was Anwar's wife Fattah took upon himself the liability of Rs.100 which was due from Anwar and for

this consideration and not by reason of any difference of opinion with his wife or any other cause. Anwar gave divorce to his wife who it is alleged

thereupon married Fattah. The transaction of divorce which amounted to the sale of one's wife was immoral and I refused to recognize it. I do not

hold the dissolution of marriage to be valid and therefore in my opinion Mst. Noori was not the wife of Fattah when she was enticed away.

I set aside the conviction and sentence and order the appellants to be released. The fine, if any recovered from them shall be refunded. The bail

bonds shall be cancelled.