Case Details

Citation(s)
1983 SLG 592 1983 SLD 592 1983 PLD 615
Lahore High Court
Criminal Miscellaneous No. 293-Q of,1982, heard on 27th June, 1983
SARDAR MUHAMMAD, J
J. V. Gardner for Petitioner. M. Azhar Shaikh for
Respondent No. 1. Nemo for
Respondents Nos. 2 and 3.

EJAZ MAHMOODer

VS

Mst. HUMAIRA AND 2 others--Respondents

Law:

Section:

(a) West Pakistan Rules under the Muslim Family Laws ordinance' 1961- -- R. 21-Aggrieved person-Petitioner contracting second marriage duping second wife by not disclosing that he was a married person and without prior permission for entering second marriage-Petitioner if had obtained prior permission for entering into second marriage respondent (second wife) would have definitely come to know and in that case might not have married petitioner-Second wife, held, aggrieved person in circumstances of case-Contention that only first wife is aggrieved person in terms of r. 21, has no force. (b) Criminal Procedure Code (V of 1898)- S. 561-A-Muslim Family Laws Ordinance (VIII of 1961), S. 6(5)(b)-West Pakistan Rules under the Muslim Family Laws Ordinance, 1961, r. 21-"Complaint", filing of-Chairman Union Council filing regular complaint against petitioner under S. 6(5)(b)Assistant Commissioner passing on same for disposal to 11aqa Magistrate-Though application (complaint of second wife) attached with complaint of Chairman yet Assistant Commissioner not passing order for disposal on that "complaint" as such Assistant Commissioner treated complaint filed by Chairman as "complaint" and Magistrate passing order on same-Case adjourned for five times but no one appeared on behalf of. respondent (second wife)-Chairman represented in Court-Proceedings in circumstances, held, initiated and continued on complaint filed by Chairman and not on "complaint" of "aggrieved person" as such not filed in accordance with law-Proceedings quashed without any bar to file fresh complaint in accordance with law.--r . [Complaint]. JUDGMENT Mst. Humaira, respondent No. 1, filed an application before Chairman, Union Committee No. 36, Gulberg South, Lahore, against the petitioner, for initiating proceedings under section 6(5)(b) of the Muslim Family Laws Ordinance, 1961. She briefly stated therein that the petitioner had married her without informing her that he was already married and without taking necessary permission for entering into second marriage. The Arbitration Council issued notice to the petitioner to file written reply. The petitioner filed written reply in which he did not deny the…
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