Law: Divorce Act, 1869

Section: 10,18

Law: Christian Marriage Act, 1872

Section: 4

Divorce Act (IV of 1869)--- ----Ss.10 18---Christian Marriage Act (XV of 1872), S.4---Divorce, proof of---Jirga decision---Scope-plaintiff claimed pensionary benefits of her deceased husband and alleged that appellant-defendant was not legally wedded wife of deceased---Validity---To support validity of her marriage with deceased, appellant-defendant relied on hand written note of Jirga according to which deceased and respondent-plaintiff amicably agreed to declare divorce between themselves in presence of witnesses in Jirga---Law of divorce relating to Christian marriages did not grant or authorized any individual or any Jirga to pronounce divorce between husband and wife and grant permission for second marriage without following mandates of Christian Marriage Act, 1872---Divorce deed relied upon by appellant-defendant issued by Jirga was illegal and unlawful document having no legal sanctity---Second marriage preformed between deceased and appellant-defendant during subsistence of first marriage was rightly declared null and void by Trial Court---Christian religion strictly prohibits second marriage while the first marriage is intact--- High Court maintained and decree passed by Trial Court---Appeal was dismissed, in circumstances. Mst. Parveen Amanual v. Additional District Judge-III, Rahim Yar Khan and others PLD 2009 Lah. 213 rel. JUDGMENT LUBNA SALEEM PERVEZ, J.--- Through instant Regular First Appeal, the appellant Mst. Shagzana Walayat has assailed the Judgment dated 18.11.2020, whereby the learned Civil Judge 1st Class (West), Islamabad, decreed the suit for declaration filed by Respondents Mst. Shabnum Tabassum wife of Yasin Younis (Respondent No. 1) and Eilyah Yasin son of Younis Yasin (Respondent No. 2) in their favour as prayed for. 2. Facts in brief are that, the parties belong to Christian Religion. The Respondent No. 1 filed a suit for declaration against the present appellant before Civil Judge 1st class (West) Islamabad seeking following prayer:- It is most respectfully prayed that a decree for the declaration to the effect that first wife Mst. Shabnum is the only widow of the deceased Yasin Younas and she along with her minor son of the…

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