| Case ID |
168bf5d0-fed5-4a3f-8810-2c4963ede709 |
| Body |
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| Case Number |
Writ Petition No.2185 of 2006 |
| Decision Date |
Apr 04, 2006 |
| Hearing Date |
|
| Decision |
The petitioner Muhammad Nawaz filed a petition seeking directions for the registration of a criminal case against several respondents based on his complaint regarding the marriage of his brother's wife, Mst. Nasreen Bibi. The court analyzed the facts, including the marriage of Mst. Nasreen at a young age and her subsequent marriage without proper dissolution of the first marriage. The court found that the law does not mandate a specific procedure for the repudiation of marriage, allowing for oral or conduct-based repudiation. The court concluded that the second marriage performed by Mst. Nasreen after attaining puberty was valid as it served as sufficient proof of repudiation of her earlier marriage. Consequently, the court dismissed the petition, stating that no offense was established against the respondents. |
| Summary |
In the case of Muhammad Nawaz vs. Additional Sessions Judge and others, the Lahore High Court addressed the complexities of marriage dissolution under the Dissolution of Muslim Marriages Act, particularly focusing on the validity of a second marriage following a minor's initial marriage. The petitioner, Muhammad Nawaz, argued that his brother's wife had entered into a second marriage without properly dissolving her first marriage, which was performed when she was a minor. The court highlighted that the law allows for repudiation through conduct or oral means and established that a subsequent marriage upon reaching puberty serves as proof of repudiation. This case underscores the importance of understanding marriage laws within the context of Muslim jurisprudence and the rights of individuals in such matters. The decision emphasizes the legal implications of marriage dissolution procedures and the role of the judiciary in interpreting these laws in light of individual circumstances. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED SAJJAD HUSSAIN SHAH, J
|
| Lawyers |
Zafar Iqbal Chowhan,
Faisal Ali Qazi, A.A.-G.
|
| Petitioners |
MUHAMMAD NAWAZ
|
| Respondents |
,
ADDITIONAL SESSIONS JUDGE/JUSTICE OF PEACE, JHANG
|
| Citations |
2006 SLD 2154,
2006 CLC 1036
|
| Other Citations |
Not available
|
| Laws Involved |
Dissolution of Muslim Marriages Act (VIII of 1939)
|
| Sections |
2(vii)
|