Law: Criminal Procedure Code (V of 1898)

Section: 177,179

Law: Muslim Family Laws Ordinance, 1961

Section: S.3,6,6(5),R.3(a),21

Criminal Procedure Code (V of 1898)--- ----Ss. 177 & 179---Muslim Family Laws Ordinance (VIII of 1961), S.6---Rules under the Muslim Family Laws Ordinance, 1961, R. 21---Notification No. AO(LG)1(20)/81 dated 24-09-1992---Second marriage without permission of first wife---Second Nikah having been solemnized at Islamabad while first wife residing at Peshawar filed complaint at Peshawar---Judicial Magistrate dismissed the complaint due to lack of jurisdiction but Appellate Court remanded the matter with the direction to proceed in accordance with law---Validity---Subsequent Nikah had been solemnized at Islamabad but wife-complainant was residing at Peshawar with her parents when husband contracted second marriage---Courts both at Islamabad as well as Peshawar had jurisdiction to try the offence---Constitutional petition was dismissed, in circumstances. Basharat Iqbal's case 1993 SCMR 1901; Nazabat's case 1971 PCr.LJ 148 and Khalil Ahmad's case 2000 YLR 2318 rel. THIS JUDGMENT DELIVERED BY: ISHTIAQ IBRAHIM, J.--- Waqas Khan son of Nasrullah Khan, the petitioner, has challenged the judgment and order dated 04.01.2019 passed by the learned Additional District Judge-III, Peshawar, whereby the Criminal Revision filed by the respondent was accepted and set aside the order and judgment dated 17.10.2018 passed by the learned Judicial Magistrate. 2. The brief and essential facts of the case are that complainant-respondent No.1 (Dr. Seema Hanif Khan) had filed a criminal complaint under section 6 of the Muslim Family Law Ordinance, 1961, against Waqas Khan, the petitioner before the Court of Judicial Magistrate-IV, Peshawar to the effect that Nikah of the complainant with Waqas Khan, the petitioner, was solemnized on 31.05.2015 while the Rukhsati took place on 9.4.2016; that dower was fixed as Rs.500,000/- cash, 30 Tolas gold ornament, and maintenance allowance of Rs.10,000/- per month; that the complainant was residing with the petitioner and after few months the attitude of the petitioner and his family members became harsh with the complainant; that the petitioner threatened the complainant with dire consequences; that her cousin Abid Saeed lodged a report in the…

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