Law: Christian Marriage Act, 1872

Section: 4,60,68

Law: Special Marriage Act, 1872

Section: 15

Law: Pakistan Penal Code, 1860

Section: 494

Law: Divorce Act, 1869

Section: 19(4)

Christian Marriage Act (XV of 1872)--- ----Ss. 4, 60 & 68---Divorce Act (IV of 1869), S.19(4)---Special Marriage Act (III of 1872), S.15---Penal Code (XLV of 1860), S.494---Christian marriage was monogamous i.e. one man, one woman life long union to the exclusion of all others and polygamy is not lawful---No divorce except on the ground of adultery or unchastity--Marriage without divorce to the existing wife/husband was void and punishable under 5.494, P.P.C.--­Second marriage is not allowed without divorcing the first wife or the first wife had met her death---Person who had entered a second marriage without divorcing the existing wife was convicted under S.494, P.P.C. and sentenced to four years' rigorous imprisonment with a fine of Rs.20,000 and in default of fine to undergo further rigorous imprisonment for six months---Amount of fine, if recovered, was directed to be paid to the first wife. Syed Ali Nawaz Gardezi v. Lt.=Col. Muhammad Yusuf PLD 1963 SC 51; Mrs. Marina Jatoi v. Nuruddin K. Jatoi PLD 1967 SC 580; PLD 2000 FSC 1; Genesis Chaps. 1 & 2; Genesis 2:24; Malaki, Bab 2:14-16 Ayat; I-Thessalonians 4:4-5; 1-Timothy 3:12; Titus 1:6; 1-Cornthian 7:2; Prayer Book, pp.638-639; Pakistan, Emmanuel Zafar, Eastern Law House, p.102; Matthew 19:8-9; Mark 10:2-9, 5:32; Mark 10:11-12; Luke 16:18; 1-Corinthians 7:10 ref. JUDGMENT This judgment will dispose of Criminal Appeal No.21 of 1997 filed by Mst. Nazir Yasin, complainant against the judgment dated 18-12-1996 passed by learned Magistrate Section 30, Lahore whereby Yasin Farhat son of Farhat Masih was acquitted of the charge under section 494/495, P.P.C. 2. Briefly stated that facts of the case were that Mst. Nazir Yasin, appellant, filed a complaint under section 200, Cr.P.C. alleging therein that she was lawfully married to Yasin Farhat on 18-1-1980 at Libya according to Christian rites with free consent of the spouses. Both the appellant and respondent remained as husband and wife till March, 1991, the respondent contracted second marriage with a lady, namely ,Rozina Juliat Yasin without obtaining the decree for the dissolution of marriage, Mst. Rozina gave birth to a daughter in U.C.H. (United…

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