Law:

Section:

Nikahnama-- ----Suit for jactitation of marriage was dismissed for want of proof--Suit for restitution of conjugal right was decreed--Challenge to--Controversy between the parties--Question of--Whether appellant was married or not--Burden to prove--Non-production of attesting witnesses--Non-availability of nikahnama or attesting witnesses of 'nikahnama' will not adversely affect the case of respondent in peculiar facts and circumstances of the case, which is otherwise abundantly proved. PLD 1973 Baghdad-ul-Jadid 48, rel. Nikah Ceremony-- ----The absence of witnesses of "Nikah" ceremony would not make the marriage void but only irregular whereas void but only irregular whereas a marriage duly performed in presence of two persons cannot be described as invalid in any case. PLD 1950 Lah 504, rel. THIS JUDGMENT DELIVERED BY: IFTIKHAR HUSSAIN BUTT, JUSITCE---.--- This appeal has been directed against the decision and decrees of learned Judge Family Court, Muzaffarabad dated 30.07.2005, whereby the suit filed by Appellant No. 1 was dismissed for want of proof and a decree for restitution of conjugal right was passed in favour of Respondent No. 1. The necessary facts forming the background of instant appeal are that Mst. ParveenNaz, Appellant No. 1 filed a suit for jactitation of marriage against Respondent No. 1, herein. She averred that she was married to Muhammad Munir in her child-hood but after attaining puberty she dissolved the marriage at her own and obtained divorce from him on 8.8.2002. She further contended that other respondents after killing her father planned to sell her to some different people but she liked Imran Jadoon, Appellant No. 2 and wanted to marry him. For the purpose she appeared before Magistrate 1st class Muzaffarabad on 27.1.2005 and stated that she wanted to marry to Appellant No. 2 but Respondents Nos. 2 to 5 wanted to sell her to some other persons. She has married to Appellant No. 2 on 5.12.2004 but on account of a fictitious case initiated by Respondent No. 1, city police Muzaffarabad arrested her and Appellant No. 2 on 4.02.2005 but they were released on bail by Shariat Court on 30.03.2005. The Appellant No. 1 also stated that she…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492