Law: Family Courts Act, 1964

Section: 5

Law: Penal Code (XLV of 1860)

Section: 494

(a) Family Courts Act (XXXV of 1964)--- ----S.5, Sched.---Penal Code (XLV of 1860), S. 494---Suit for dissolution of marriage---Marrying again during lifetime of husband or wife---Bona fide conduct---Effect---Suit for khula filed by petitioner / wife was decreed---Petitioner contracted second marriage after her suit was decreed---Respondent assailed the decree before Appellate Court; case was remanded for pre-trial---In second trial, the suit was dismissed by the Family Court---Respondent filed criminal case against the petitioner and others under S. 494, P.P.C.---Trial Court took cognizance only against the petitioner with regard to second marriage----Said order was assailed before the High Court---Petitioner, impugned the orders of the Appellate Court and Family Court whereby her case was remanded, and the suit was subsequently dismissed---Petitioner also challenged the order passed by Magistrate whereby he had taken cognizance against her---Validity---Respondent had arraigned the petitioner in various litigations, including two criminal cases on charge of zina; alleged illegal visa as well as fraudulent CNIC---Such conduct and pending litigation(s) were, prima facie, sufficient to make it clear that respondent’s claim to the effect that petitioner was his legally wedded wife was only being used to keep her in court(s) or get her punished else he would have, first, attempted for restitution of his rights which he, prima facie, never did---Petitioner had contracted second marriage while believing that khula was sufficient to exercise her right to re-marry---Bona fide was attached with her act of second marriage---Remand order as well as dismissal of her suit could not be allowed to undo the re-marriage after khula because re-marriage was nothing but a seal on door of her first marriage and petitioner was happy with the decision of khula---Law favoured rights over procedure---Judgments of Appellate Court and Family Court were set aside and the earlier order passed by Family Court whereby suit was decreed was maintained---Order of Magistrate taking cognizance of second marriage of petitioner was set aside as the same was without declaration of family…

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