Law: Muslim Family Laws Ordinance, 1961

Section: 6(5)(b)

Law: Criminal Procedure Code (V of 1898)

Section: 249-A

Law: Pakistan Rules, under Muslim Family Laws Ordinance, 1961

Section: R.21

Muslim Family Laws Ordinance (VIII of 1961)--- ----S. 6(5)(b)---Pakistan Rules under Muslim Family Laws Ordinance, 1961, R.21---Criminal Procedure Code (V of 1898), S.249-A---Quashing of proceedings--Bigamy, trial of---Complaint filed by petitioner against her ex-husband for not seeking her permission to contract second marriage prior to issuance of "Divorce Effective Certificate", was dismissed---Petitioner (wife) sought direction to Secretary Union Council to file complaint against respondent (husband) on the allegation of bigamy---Validity---Petitioner initiated criminal case by filing private complaint herself before concerned Judicial Magistrate---Complaint was not competent according to R. 21 of Pakistan Rules under Muslim Family Laws Ordinance, 1961---Trial Court in exercise of powers under S.249-A, Cr.P.C., acquitted respondent and petitioner did not assail the same, therefore, the same had attained finality---After proceeding was initiated by petitioner against respondent by filing private complaint in which he was acquitted, no other criminal proceeding for the same cause was possible---Only Union Council concerned was competent to file complaint in respect of offence of bigamy/polygamy and petitioner herself had no locus standi regarding the same---Constitutional petition was dismissed in circumstances. Zakir Hussain Siddiqui v. Mst. Nasim Bano and others 1989 CLC 1062; 1994 SCMR 2098; PLD 1972 Lah. 694; NLR 1980 Lah. 205; PLD 1985 Lah. 319; 1985 MLD 1175; PLD 1988 FSC 42; PLD 1988 Kar. 169; 1992 SCMR 1273 and Atiq-ur-Rehman v. Mst. Sadia and another 2010 MLD 470 ref. Abdul Hafeez v. Additional District Judge-VII, South Karachi and 2 others PLD 2009 Kar. 350 distinguished. THIS JUDGMENT DELIVERED BY: FAHIM AHMED SIDDIQUI, JUSTICE:---.--- The petitioner is seeking directions to respondent No. 2 for lodging private complaint about offence of bigamy under the Muslim Family Laws Ordinance, 1961 (hereinafter referred as MFLO) on behalf of the petitioner against respondent No. 3 (Rehan Anjum) before the competent Court of law. 2. The background story of the instant petition is that the petitioner married with the respondent No. 3 (Rehan Anjum son of…

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