2006 PLP 1036 (CLC)
MUHAMMAD NAWAZ — Petitioner Versus ADDITIONAL SESSIONS JUDGE/JUSTICE OF PEACE, JHANG and 12 others — Respondents
| Citation | 2006 PLP 1036 (CLC) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD NAWAZ — Petitioner Versus ADDITIONAL SESSIONS JUDGE/JUSTICE OF PEACE, JHANG and 12 others — Respondents |
| Primary Law | Dissolution of Muslim Marriages Act (VIII of 1939) |
Q1: What are the key laws and sections cited in 2006 PLP 1036 (CLC)?
This judgment primarily cites: Dissolution of Muslim Marriages Act (VIII of 1939) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2006 PLP 1036 (CLC)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 1036 (CLC) (MUHAMMAD NAWAZ — Petitioner Versus ADDITIONAL SESSIONS JUDGE/JUSTICE OF PEACE, JHANG and 12 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zafar Iqbal Chowhan for Petitioner.
- Faisal Ali Qazi, A.A.-G. for Respondents.
Headnotes / Summary
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.
Judgment & Decree
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 case.
3. On the other hand, learned A.A.-G. opposed the instant petition and contends that no Nikah was ever performed with Ejaz and only Due?e-Khair to this effect has been made, when she was of the age of 4/5 years.
4. Arguments heard. Record perused.
5. According to section 2 of Muslim Marriage Act which provides that a woman married under Muslim Law shall be entitled to obtain a decree for dissolution of her marriage on anyone or more than of the following grounds. Subsection 7 of section 2 is reproduced below: "When she having been given in marriage by her father or other guardian before she attained the age of 16 years repudiated the marriage before attaining the age of 18 years provided that the marriage has not been consummated."
6. The law does not prescribe any particular form of the procedure for repudiation of marriage, it may be by oral or even by conduct seeking rejection of marriage and if the minor is entered into second marriage on attaining the age of puberty it would have sufficient proof of repudiating her marriage and subsequent marriage would be valid.
7. In view of the above, prima facie no offence is made out against respondents Nos.4 to 13, therefore, no direction could be issued for registration of criminal case as prayed for. Hence this petition is dismissed. H.B.T./M-180/L????????????????????????????????????????????????????????????????????????????????? Petition dismissed.