Legal Case Summary

Case Details
Case ID 168bf5d0-fed5-4a3f-8810-2c4963ede709
Body View case body.
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)