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Petitioner: FAHEEMUDDINPetitioncr VS Respondent: SABEEHA BEGUM and another
Court Name: Supreme Court of Pakistan Judge(s): Ghulam Mujaddid Mirza, Nasim Hasan Shah, Saad Saood Jan Title: FAHEEMUDDINPetitioncr vs SABEEHA BEGUM and another Case No.: Criminal Petition No,288 of 1989 Date of Judgment:1989-11-28 Reported As: 1990 SCMR 612 Result: Leave granted
Judgment ORDER ' NASIM HASAN SHAH, J.---The petitioner, who was already a married person, entered into a second marriage but without obtaining the permission from the Arbitration Council of the Local Council concerned. Sometime later, the second wife filed a complaint before the Ilaqa Magistrate alleging that the petitioner had not only defrauded her, by not disclosing that he was an already married person, but had also committed an offence under section 6 of the Muslim Family Laws Ordinance, 1961 by marrying again without the permission of the Arbitration Council. ' The Ilaqa Magistrate finding prima facie that an offence under section 6 of the Muslim Family Laws Ordinance 1961 had been committed by the accused ordered that he be summoned to stand trial. The petitioner filed a petition under section 561-A, Cr.P.C. For quashment of the proceedings before the Ilaqa Magistrate but the said petition was dismissed in limine by a learned Single Judge of the Lahore High Court. Hence this petition for leave to appeal. In support of this petition, it is inter alia contended that the second wife has no locus standi to file a complaint for the alleged offence by the husband of polygamy inasmuch as she is not an aggrieved person within the meaning of section 6 of the Muslim Family Laws Ordinance because the said provision is intended for the protection of the rights of the first wife rather than that of the subsequent wife. ' The question arising is one of first impression and requires further consideration. . ' Further proceedings before the trial Magistrate shall remain suspended meanwhile. But the appeal shall he made ready expeditiously and put up for hearing at a very early date.