Petitioner vs Mst. Mubarika Begum — 1970 SCMR 753

Citation: 1970 SCMR 753

Court: Supreme Court of Pakistan

Year: 1969

Decision Date: 1969-12-31

Headnotes

Result: Appeal allowed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner in this case married one Mst.

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s):Waheeduddin Ahmad, Hamoodur Rahman, Mujibur Rahman Khan, Sajjad JUDGMENT Reported As: 1970 SCMR 753 Result: Appeal allowed Judgment JUDGMENT HAMOODUR RAHMAN, C. J.-The petitioner in this case married one Mst. Mubarika Begum, resident of Peshawar Cantonment on the 21st December 1962, but on the 31st July 19.65, he gave a notice to the Chairman of the Union Council, Ward No. 3, Peshawar Cantonment under section 7 of the Muslim Family Laws Ordinance, 1961, intimating to .Him that he had divorced his were. The Chairman, after receipt of the notice, constituted an Arbitration Council for the purpose of bringing about a reconci--liation between the parties. Before the Arbitration Council Mst. Mubarika Begum complained that the petitioner had, in contravention of the provisions of section 6 of the above-mentioned Ordinance, married during the subsistence. Of his first marriage, without the permission of the Arbitration Council. On the basis of this information the Chairman of the Union Council on the 3rd October 1965, lodged a complaint before a Magistrate under section 6, subsection (5) of the Ordinance of 1961. During the pendency of this proceeding the divorce became final on the conciliation proceeding having failed. The Deputy Commissioner, Peshawar who is the Controlling Authority of the Union Council, on the 4th February 1966, confirmed that the Arbitration Council having failed to bring about a compromise in the case, the…

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