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Rules under Muslim Family Laws Ordinance

PLD 2019 ISD 476

S.6(5)—Rules under Muslim Family Laws Ordinance, 1961, R.21—Second marriage without permission from first wife— Leave to Appeal against acquittal—Resident of Azad Kashmir, status of—Jurisdiction of court—Private complaint was filed against accused (husband) by his first wife on allegations of contracting second marriage without her permission—Trial Court convicted accused but Lower Appellate Court set aside conviction on grounds that provisions of Muslim Family Laws Ordinance, 1961 were not applicable to accused as he was resident of Azad Jammu and Kashmir—Validity—Accused, regardless of his place of residence, held national identity card issued to him by authority under National Database and Registration Authority Ordinance, 2000—As long as national identity card remained valid and subsisting, accused could not claim to be a person who was not a citizen of Pakistan—Marriage was contracted between parties duly registered in Islamabad and therefore, to the extent of complainant, cause of action in context of S.6 of Muslim Family Laws Ordinance, 1961 had arisen in Islamabad—Lower Appellate Court did not take into consideration legal provisions of various statutes—High Court converted petition seeking special leave to appeal filed by Complainant into appeal and judgment passed by Lower Appellate Court was set aside—High Court remanded matter to Lower Appellate Court for deciding appeal afresh—Appeal was allowed accordingly.

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