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Asma B Ib 1~.

Murad Ali
(Malik Hamid Saeed, J) 2387

4 Learned counsel fOr [he ..... ' .


.. - ItlOners
(onlcnde d [al
h Ih c F.I R has b I lV«sl Paki!ttm F. .,
d ' C C O odged 01/964)___ ann y Courts Act (XXXV
. Wilh a clay of five days, which
makes the prosecution ca~e dOUbtful
arfd thai [here 15 no evidence 10 show ----5., 5 &: Sch«d. ---Dissollllion of Muslim
thai commiSSion of an offence und Marn~ge_ Act (VIII of 19J9). S.l(ii-A). __
section 394. P P.C. er COIISlUutlon of Pakistan (1971). An.I99__ _
ConslUu,ional pttirion--·Sult for diSSOlution
5, J have considered the argumems of marflage and recovery Of do .....er- __
and h.ave perused the record. The Defendant husband haVing contracted
complatnam is a female beSides beln second marnage without consent and
"d g a permission of plaintiff wif«. she brought a
WI ow. who lives with her unmarried
suit lor dissolution of mar;;ag« and
daughter.. Unfortunately, it IS not easy even
recovery of dower---Family Coun decreed
for a female to get a case registered with Ihe suit for dissoluti(JTI of marriage and
the police. If the complainant wanted to recovery of half dower. but App«llale Coun
fabricale a false case, she CQuid have easily btlow set aside dtcru for dower on ground
staled that the OCcurrence had taken place A that decree was solely granted on ground of
on the nfghl prior to the regimalion of tbe contracting second marriage by defendant
casc. The complainant has no motive to husband, but such a ground Of second
falsely implicalc Ihe pc[iti.... Tl~rs The facts marriage was nO( provided in Dissolution of
of the case disclosed the commission of an Muslim Marriage Act, 1939---Validiry---
offence under section 458,P.P.C .. which Appellau Court had totally misread
falls within [he prohibitory clause. I. relevant prOVisions of S.2(ii-A) Dissolution
therefore, do not consider II a fit case of Muslim Marriage Acr. 1939 which had
for the gram of ball. ThiS petition is provided tMt if a husband would take an
dismissed. additional wife '" contraven"on of
provisions of Muslim Family LaW.f
H.B.T.lR-32/L Bail application dismissed. Ordinanct, /961. wife was entitltd fa
obtain a decree for dissolution of her
marriagt---Undtr S.6 oj Muslim FamIly
2004 Y L R 2387 Laws Ordinance. 1961. previous ptrmission
//I writing of Arbitration Council/or
[peshawar] contracting another mamagt, was
nectssary lor husband---DtJendam husband
Before Malik. Hamid Saud and had failed fa discharge his onus to prove
Shah Jehan Khan. JJ (hat second marriage was contracted wilh
consent 0/ plaintiff wife--·GrOlmd aBfll/fed
Mst ASMA BIBI---Petilioner try dtfendant husband for CQlltrOClItig
, versUB
second marriage waS not a good grot/lid II;
circumstances of case .and 11'01//11 no
MURAD ALI and 2 absolve him of his liabilIty fO pa.\' null of
laintiff w,(l'---Judgmt/ll 01
others---Respondenl5 dowu to P "d d that I',
Appellate Caurt \\las set asl t Itn
-.;. """"on No.I)13 of 2003. decided on Trial Court was ".stored, {po 2388} A
-. J....ry. 2004.
!VOI \'1

After hearmg arlumen\J or !he


__..... for Pelluoocr . lear oc•
counKI for the parHe" We ar,
01
Kb~KI ~ehl1JlJU"
I he VI
·,w thai the learned Appellate C ..... r\
Khan v ..

Re.p<mdeDts
MulumllUld
"" has totally misread the relevant prOV111OnJ;
of law In thiS regard _ Under ICC[IOCI 2(li -A )
20th January . f the Dissolution of Muslim Marnages .\tt
Date of heanng
~V III of 1939). if a hu,band takes an
2004 ·,onal wife In contravtntlon of [lit
JUDGMENT • .,,·,ions
p,.
"O
" of the IhMusI·1m
, Family
. uw,
MALIK HAMID SAEED. J ,." Ordinance. 196 1. e WI,e IS entitled [0
The CILahlubed (acts In thiS cue arc thai obtain a decree for the d issolutIOn of her
lbe N,klb of M.JI ASIIlJ 81111. pelltlOner, marriage as one of !.he grounda menlloned
wu performed wllb Murad Ali, respondeDt in said seCllon.
No. 1 on a cOllllderation of 4 Jaribs of
Under section 6 of the MU!lun
land.S lolu lolden ornaments. 12 pounds
,old. &Dd one room ;u prompt dower. The Family Laws Ordinance, 1961 the previous
Ruldisall wu DOl yet taken place when the permissjon in writ.lng of the Arbi~auon
husband/ rcfpondeo t No. I (ooltacled • Council for contracung another marTULi e is
second matn.ge without the consent and necessary for a hushand . The evideoce
perml:lSlon of Msr. Mma Bibi, Pelilloner. adduced by the parties clearly suggest! rut
lbe there-fore, brOlJgbt I suit for !be the husband bas failed to discharge his
dluol ullon of beT aw-ril~ with Murad Ali , onus 10 prove that the second marriage wu
respondeD! No. 1 aod the recovery of dower conTracted with consent of the wife . The
be fore: tbe learned J udge , Family Court. ground agitated by the busbandJrespondelll
The learned Judge Family Court decreed for contracting secood marriage is not •
the sui l o f Msi. M ml Bibi for dissolution good &:ound in the circumstance. of the
of marnage and recovery of half dower . c::.~e and would OOt absolve bim of the
Murad Ali , quesuoncd the said detrct "I f liability to pay half of the dower to the
tbe Family Court before lbe Add~lional petitioner/wife .
Distric t Judge, Takhl-bbai to the extent of
dower only by fi ling an appeal, which For the aforesaid reasons , we ftnd
appeal wu accepted and the dtcree for that the learned AppeUate Cm.n !las DOl
dower was Itt Ulde on the ground lhIt the propeny appreclated tbe evidence of the
decree was rolely graJUed on the grouod of parties in reference to the rel, vatlt
contracu,, ~ second marriage hy the provisions of law, hence has erred to set
hWlband, bul such a ground of second aside the decree of dower granted 10 the
marnase is 001 provtdtd in the DislOlutioo peutiooer/wife by the learned trial COu".
of Muslim Maenages Act , 1939 and as This writ petition is :!ccepted , the impugD~
the father of MIl . Alma was DOt judgment of the learoed Appellate Court tS
ready for the Rukh'ali of his d.au,lu
Iberefore . tbe hlltbud Yt'U oompdlcd e~
set aside and lbal of the learned lrial Court
IS restored, however, the panies arc left 10
contract . a aetoQd marria&e. hence the bear their own COsts.
"'lfe/plaJlwn 11111 QUI entitkd C\l'tJI 10 balf
do. .r. H.B.T.l l2SIP Petition accePled

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