Sunday, 5 August 2012

Second marriage can be contracted after permission

Judgment declares that permission from arbitration council is sufficient for contracting a second marriage in the presence of first wife.

Citation Name : 2010 PCrLJ 950 LAHORE-HIGH-COURT-LAHORE
Side Appellant : SHAMIM MAI
Side Opponent : ALLAH DITTA
S.6(5)—Criminal Procedure Code (V of 1898), S.417(2)—Special leave to appeal against acquittal—Trial Court had acquitted the accused under S.249-A, Cr.P.C. of the charge under S.6(5) of the Muslim Family Laws Ordinance, 1961—Arbitration Council of the. Union Council concerned had permitted the accused for second marriage, which was the only requirement of law for second marriage—Impugned judgment dismissing the private complaint of the complainant was based on cogent and convincing reasons—Accused after his acquittal by trial Court had assumed double innocence—Special leave to appeal was refused to the complainant in circumstances and her petition was dismissed accordingly.

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