Law: Muslim Family Laws Ordinance, 1961

Section: VIII,5

Law: Family Courts Act, 1964

Section: XXXV,5

Law: Pakistan Penal Code, 1860

Section: 365B

(a)    Muslim Family Laws Ordinance (VIII of 1961)-------S. 5---Family Courts Act (XXXV of 1964), S.5 & Sched.---Suit for jactitation of marriage instituted by lady---Execution of valid Nikah Nama---Failure to prove--Effect---Family Court decreed the suit against the petitioner declaring alleged Nikah as void and the same (finding) was affirmed by the Appellate Court--Assertion of the petitioner was that respondent/lady renegaded from her previous position/ stand, who (lady) had filed various petitions and made statements, including statement under S.164 of Criminal Procedure Code, 1898, acknowledging her status as lawfully wedded wife of the petitioner---Validity---Record (evidence) revealed that conduct, relationship and execution of Nikiah Nama was categorically denied by respondent /lady in the plaint and as a witness---Petitioner, who alleged existence of valid marriage and sought decree of conjugal rights, utterly failed to prove conduct of marriage; and was evasive regarding sharai nikah in the written statement, and later pleaded conduct of sharai nikah, which was obviously an afterthought---Petitioner produced (got exhibited) Nikah Nama but failed to prove its execution, validity and lawfulness---Even otherwise requirements of a valid Nikah in terms of Muslim Family Laws Ordinance, 1961, were not proved--Petitioner testified that Nikah was arranged and conducted in the office of a lawyer, where 10- 12 persons were sitting, but none of whom was produced as witness--Evidence of witness of the petitioner /defendant did not inspire any confidence, who submitted affidavit( having been marked) stating against marriage between petitioner and respondent /lady, but when confronted with it, he stated that he was under pressure ; said witness was shown as representative of the bride, who admitted having acquaintance with the lady because she worked at the medical clinic of the petitioner---Said evidence substantiated allegation by respondent / lady against petitioner that latter abducted her, and the evidence of said witness had no weightage or value---No witnesses of Nikah Nama were produced---Advocate in whose chamber Nikah was allegedly…

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