Law:

Section:

Dissolution of Muslim Marriages Act (VIII of 1939)-------S. 2(vii)---Dissolution of marriage on ground of Khayar-ul-Baloogh---Law did not prescribe any particular form of the procedure for repudiation of marriage; it could be by oral or even by conduct seeking rejection of marriage and if the minor entered into second marriage on attaining the age of puberty, it would be sufficient proof of repudiating her earlier marriage and subsequent marriage would be valid. Zafar Iqbal Chowhan for Petitioner. Faisal Ali Qazi, A.A.-G. for Respondents. ORDER SYED SAJJAD HUSSAIN SHAH, J.--- Petitioner Muhammad Nawaz through the instant petition has sought direction to respondent No.3 for registration of criminal case against the accused/respondents Nos.4 to 13 according to the complaint (Annexure "I-I") of the petitioner. 2. Learned counsel for the petitioner contends -that Nikah of his brother Ejaz was performed with Mst. Nasreen Bibi daughter of Falaksher respondent No.5 in presence of her father when she was of the age of 5/6 years and after attaining the puberty, Mst. Nasreen never repudiated her Nikah and without dissolution of marriage from Ejaz Hussain, brother of the petitioner, she performed another Nikah with one Muhammad Rafique on 8-10-2005. The petitioner made certain Jirgas for Rukhsati of respondent No.5 but of no avail and on his complaint, she filed a suit for dissolution of her marriage on 23-12-2005 which was withdrawn and thereafter filed a suit for jactitation of marriage. Further contends that second Nikah is illegal and, therefore, a direction be issued to the police for the registration of the…

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