2009 PLP 201 (YLR)
GHULAM ABBAS — Petitioner Versus STATION HOUSE OFFICER and 4 others — Respondents
| Citation | 2009 PLP 201 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Mian Muhammad Najam-uz-Zaman, J |
| Parties | GHULAM ABBAS — Petitioner Versus STATION HOUSE OFFICER and 4 others — Respondents |
| Primary Law | Penal Code (XLV of 1860) |
Q1: What are the key laws and sections cited in 2009 PLP 201 (YLR)?
This judgment primarily cites: Penal Code (XLV of 1860) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2009 PLP 201 (YLR)?
The case was heard and decided by the Lahore bench comprising: Mian Muhammad Najam-uz-Zaman, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 201 (YLR) (GHULAM ABBAS — Petitioner Versus STATION HOUSE OFFICER and 4 others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rai Muhammad Zafar Bhatti for Petitioner.
Headnotes / Summary
S. 365-B
Constitution of Pakistan (1973), Art.199
Constitutional petition
Quashing of F.I.R.
Petitioner had prayed for quashing of F.I.R. registered under S. 365-B, P.P.C., on the ground that after getting decree of `Khula' a woman could contract second marriage with the same person without performance of `Halala'
Since the matter with regard to validity of the marriage of the petitioner with the same woman who had got decree of Khula from him, was under consideration before a court of competent jurisdiction, it was not appropriate to give any findings in that regard and it was left for the civil court to decide the issue with the direction to proceed with the matter expeditiously and decide the case within specified period
Constitutional petition was disposed of accordingly. Ch. Sadaqat Ali for the Complainant. Muhammad Akbar Tarar, Addl. A.-G. and Kamran Baig, S.-I.
Judgment & Decree
MIAN MUHAMMAD NAJAM -UZ-ZAMAN, J.
Through this petition prayer has been made for quashing F.I.R. No.325/2008 dated 20-5-2008 for the offence under section 365-B, P.P.C. registered at Police Station Hajipura, Sialkot, on the ground that after getting decree of "Khula" a woman can contract second marriage with the same person without performance of Halala. On the basis of this proposition, learned counsel submits that petitioner who has contracted second marriage with his previous wife has not committed any offence falling under section 365-B, P.P.C.
2. Learned counsel for the comp lainant has placed on record copy of order dated 9-6-2008 in Cri. Misc. No.524-H/2008 wherein this Court while taking into consideration the issue in hand has already directed the parties to approach the civil Court for a verdict qua the validity of second marriage of the petitioner with Misbah Abbas under the above said circumstances. Learned counsel has also placed on record copy of the suit for jactitation of marriage filed by Mst. Nusrat Aslam in compliance of the said order and submits that 23-10-2008 has been fixed for further proceedings.
3. Since the matter with regard to validity of the marriage of the petitioner with Mst. Misbah Abbas is under consideration before a Court of competent jurisdiction, it is not appropriate to give any findings in this regard and it is left for the civil Court to decide the issue with the direction that Court shall proceed with the matter expeditiously and decide the case within six months. With this observation this petition stands disposed of. H.B.T./G-45/L Order Accordingly.