2010 P Cr (PLP)

HAFIZ ABDUL REHMAN ANSARI, J.

This petition for special leave to appeal is filed under section 417(2), Cr.P.C. against acquittal order of respondent No.1 Allah Ditta son of Ashique Muhammad whereby he was charged under section 6(5) of Muslim Family Laws Ordinance, 1961.

2. The brief facts of the case are that petitioner was married with respondent No.1 on 12-12-1998 and out of this wedlock one child was born but respondent No. 1 kicked the petitioner from her house with three clothes. The petitioner filed family suits against respondent No.1. She also filed a private complaint under section 6(5) of Muslim Family Laws Ordinance, 1961 with the contention that respondent No. 1 has contracted second marriage without permission of the petitioner. The learned Magistrate summoned respondent No.1 but he filed application under section 249-A of Cr.P.C. The learned Judicial Magistrate accepted the application and dismissed the private complaint and acquitted respondent No.1 vide order dated 17-1-2009, hence this PSLA.

3. The learned counsel for the petitioner contends that order passed by the learned trial Court is illegal, contrary to law, against facts of the case and unjust. Learned counsel submits that the learned Judicial Magistrate did not apply his judicial mind to the facts of the case and illegally accepted application under section 249-A, Cr.P.C. Learned counsel contended that the learned Judicial Magistrate accepted the application under section 249-A, Cr.P.C. on the ground that the Arbitration council allowed permission to the respondent/accused for second marriage. Learned counsel further submitted that respondent No.1 was bound to file application to the Chairman, Union Council, himself for permission. This permission by the Arbitration Council was given on the application of the petitioner.

4. I have heard the learned counsel for the petitioner at length and perused the order passed by the Arbitration Council of Union Council No.88. From the facts of the case it transpires that in the beginning of the marriage the relations between the spouses remained cordial, out of this wedlock one child was born but later on relations between the spouses became strained which gave rise to family litigation between the spouses and this private complaint under section 6(5) of the Muslim Family Laws Ordinance, 1961 has been filed. The finding of the learned trial Court on Arbitration Council of the Union Council permitted the respondent/accused for second marriage cannot be denied. This is the only requirement of law for second marriage that permission has been obtained which is as follows:-- The judgment passed by learned trial Court in private complaint filed by the present petitioner is a legal order passed on cogent reasons, convincing does not require interference of this Court. Once the accused is acquitted by the learned trial Court presumption of double innocence is available to the accused/respondent. I would not like to interfere in the judgment passed by the learned trial Court. This PSLA is dismissed. N.H.Q./5-21/L Leave refused.