NAZABAT vs THE STATE AND ANOTHERs — 1971 PCRLJ 148

Citation: 1971 PCRLJ 148

Court: Lahore High Court

Year: 1971

Decision Date: 1971-11-06

Parties: NAZABAT vs THE STATE AND ANOTHERs

Headnotes

Case cited as 1971 PCRLJ 148

Judgment Text

Court Name: Lahore High Court Judge(s): Ghulam Safdar Shah Title: NAZABAT vs THE STATE AND ANOTHERs Case No.: Criminal Miscellaneous No. 7258 of 1970 Date of Judgment:1971-11-06 Reported As: 1971 P Cr. L J 148 Result: Petition dismissed Judgment ORDER This petition under section 561-A, Cr. P. C. Seeks the quash--merit of proceedings under section 6 of the Muslim Family Laws Ordinance, 1961 (hereinafter called the Ordinance) pending in the Court of Resident Magistrate, Kamalia, District Lyallpur. 2. The brief facts of the prosecution case are that the petitioner and respondent No. 2 were married about 6-7 years ago and from the wedlock they have to children. However, the petitioner resolved to take another wife and in order to secure the necessary permission made an application to Union Council No. 1 of Chak No. 129/9-L, Tebsil and District Sahiwal. The applica--tion in question was made on 1-7-1970 and the requisite permis--sion granted to the petitioner on 20-7-1970, where after he married one list. Lalan on 24-8-1970. 3. Being aggrieved of the said marriage, respondent No. 2 filed an application before the Chairman, Union Council No. 157 of Cbak No. 718, Tehsil Toba Tek Singh, District Lyallpur, complaining that during the subsistence of their marriage the petitioner took another wife in violation of the requirements of the Ordinance. It is alleged that after some inquiry into these allegations the said Union Council filed a complaint against the petitioner in the Court…

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